DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 173 Engrossed 2018 Regular Session Garofalo
Abstract: Modifies the prescriptive period for certain successors of decedents and adds a
prescriptive period for actions by independent succession representatives.
Present law (R.S. 9:5630) provides that an action by a successor of a decedent not recognized in a
judgment of possession against a third person who acquired an interest in immovable property by
onerous title is prescribed in two years from the finality of the judgment of possession.
Proposed law provides that the action is prescribed in two years from the rendering of the judgment
of possession.
Present law (R.S. 9:5632) provides that any action against succession representatives, tutors, and
curators claiming defective legal procedure or noncompliance with the law in the alienation,
encumbrance, or lease of movable or immovable property is prescribed two years from the making
of the alienation, encumbrance, or lease.
Proposed law maintains present law but provides that the prescriptive period also applies to actions
by independent succession representatives.
(Amends R.S. 9:5630(A) and 5632)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and Procedure to the
original bill:
1. Change the trigger for prescription from the recording of the judgment of possession in
the conveyance records of the parish in which the property is located to the rendering of
the judgment of possession.