Comment by Lindsay Ellis
In 1979, the Louisiana legislature amended and reenacted Title II of Book II of the Louisiana Civil Code governing ownership. In particular, a new Chapter 3 was enacted regulating the transfer of ownership by agreement. With respect to the voluntary transfer of the ownership of movables, "Articles 518 through 525 represent Louisiana's solution to a compelling contemporary problem in the light of Louisiana's economic life." Prior to this enactment, in the often-arising conflict between the owner of a movable and one who has acquired it without the owner's consent, the Code protected the security of ownership at the expense of the security of transactions. In certain situations, however, the jurisprudence adopted common law principles which protect innocent third parties. In an attempt to establish a unified approach to the subject, the new legislation codifies selected aspects of the inconsistent jurisprudence and draws from principles utilized in other civilian systems. An analysis of these systems, as well as English common law and the Uniform Commercial Code, is necessary in order to better understand the solution reached in Louisiana.
About the Author
Lindsay Ellis.
Citation
55 Tul. L. Rev. 145 (1980)