In Louisiana, under the community property regime, property owned by a spouse before marriage remains separate property. Additionally, property acquired during the marriage through inheritance or donation is also considered separate property. Community property includes property acquired during the marriage through the efforts of either spouse, excluding these exceptions.
Unlike common law systems, Louisiana's Civil Law system does not require consideration for the formation of a valid contract. The essential elements are mutual consent, a lawful object, and the capacity to contract. Consideration, a key element in common law contract formation, is not required in Louisiana.
Under Louisiana law, performance of a contract may be excused if it becomes impossible due to an external cause that was not foreseeable and not due to the fault of the debtor. This concept aligns with the principle of "impossibility" in civil law. Performance is not typically excused solely due to economic impracticality or unfairness, and vagueness or uncertainty in a contract does not automatically excuse performance.
In Louisiana, a testamentary disposition (such as a will or a codicil) must meet specific formal requirements to be considered valid. If it does not meet these requirements, it is generally considered void and has no legal effect. This ensures the proper administration of estates according to the testator’s valid wishes.
In Louisiana, community property includes assets acquired during the marriage through the labor or efforts of either spouse, with the exception of property received by gift or inheritance. Such community property is generally divided equally between the spouses in the event of divorce.
