SSHB61 4143 4004
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 61 2023 Regular Session Schlegel
CONTRACTS: Provides for consent of a legal representative of a minor who contracts with
certain parties
Synopsis of Senate Amendments
1.Exempts contracts made pursuant to C.C. Art. 1923.
2.Provides for an effective date of August 1, 2024.
3.Provides for a Louisiana State Law Institute study and report.
4.Makes technical changes.
Digest of Bill as Finally Passed by Senate
Present law (C.C. Art. 1918) provides that all persons have capacity to contract except for
unemancipated minors, interdicts, and persons deprived of reason at the time of contracting.
Present law (C.C. Art. 366) provides that full emancipation confers all effects of majority on
the person emancipated. Limited emancipation confers the effects of majority specified in
the judgment of limited emancipation.
Present law (C.C. Art. 2029) provides that a contract is null when the requirements for its
formation have not been met.
Present law (C.C. Art. 2030) provides that a contract is absolutely null when it violates a rule
of public order. A contract that is absolutely null may not be confirmed. An absolute nullity
may be invoked by any person or may be declared by the court on its own initiative.
Proposed law provides that no interactive computer service shall enter into a contract or other
agreement, including the creation of an online account, with an unemancipated minor
without the consent of the legal representative of the minor.
Proposed law provides that the interactive computer service may rely on the consent of the
legal representative unless the interactive computer service knows or reasonably should
know that the legal representative is no longer authorized to represent the minor.
Proposed law provides that any contract entered into between the minor and an interactive
computer service without the consent of the legal representative shall be relatively null.
Proposed law provides that third parties may be used to obtain the consent of the legal
representative.
Proposed law provides that proposed law only applies to minors who are domiciled in this
state.
Present law (C.C. Art. 41) provides that the domicile of an unemancipated minor is that of
the parent, parents, tutor, or joint tutors with whom the minor usually resides. If the minor
has been placed under the legal authority of a parent or other person, the domicile of that
person is the domicile of the minor, unless the court directs otherwise.
Proposed law provides that proposed law does not supersede or modify provisions relative
to contracts made pursuant to present law (C.C. Art. 1923).
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Present law (C.C. Art. 1923) provides that contracts by an unemancipated minor may not be
rescinded on the grounds of incapacity when made for the purpose of providing the minor
with something necessary for the minor's support or education or for a purpose related to the
minor's business.
Proposed law provides for definitions of the following: "account", "consent", "interactive
computer service", "legal representative", and "minor".
Present law (47 U.S.C. ยง230) defines "interactive computer service" as any information
service, system, or access software provider that provides or enables computer access by
multiple users to a computer server.
Present law (C.C. Art. 232) provides that either parent during the marriage has parental
authority over their child unless otherwise provided by law.
Present law (C.C. Art. 246) provides that a minor not emancipated is placed under the
authority of a tutor after the dissolution of the parents' marriage. Present law (C.C. Art. 249)
provides that the tutor is accountable.
Proposed law provides that the Louisiana State Law Institute is directed to study and report
to the legislature on provisions related to proposed law by March 1, 2024.
Effective on August 1, 2024.
(Adds R.S. 9:2717.1)
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