Napoleonic Code

"Sacre bleau, thanks to me,
the Americans will forever
need a passport if
moving to Louisiana!!!"

BIENVENUE 'a LOUISIANE
By
Eileen C. Sykes

When crossing the state line into Louisiana you have probably noticed the sign "Bienvenue 'a Louisiane", which means "Welcome to Louisiana", this should be your first clue that you are coming to a state where things are done just a little bit differently. The French established the first settlement by the mouth of the Mississippi River and named the territory of Louisiana for King Louis XIV and his wife. After establishing himself as the ruler of France, Napoleon combined all French civil laws into one code, which was commonly referred to as the Napoleonic Code. In 1803, the territory of Louisiana was purchased by the United States from Napoleon and by 1808 the first Civil Code of Louisiana was enacted and re-enacted in 1825 and 1870. The present code is referred to as the Louisiana Civil Code of 1870, as revised and amended and you will hear how people say our laws are based on the Napoleonic Code. This article will touch on only a few of the laws in Louisiana which may differ from other states' laws.

The legal matrimonial regime is a community of acquets and gains, in other words, this is a community property state. Any property purchased while living in the State of Louisiana is considered a community asset, i.e. the husband and wife each own an undivided one-half interest. In order for the property not to be community property the husband and/or wife can either acknowledge the property is the separate asset of the acquiring spouse or record a matrimonial agreement (which states they have a regime of separate property) which was entered into before the marriage or within the first year of moving into and acquiring a domicile in this state.

Additionally, in Louisiana, certain persons are forced heirs, which simply means that these people must inherit when a person dies. For years the law provided that all children were the forced heirs of their parents, regardless of whether or not the parents had a Will to the contrary. In late 1995 this law was changed. Forced heirs are children and/or other descendants who, at the time of the death of the decedent, are twenty-three years of age or younger or children of any age who, because of mental incapacity or physical infirmity, are permanently incapable of taking care of themselves. If you do not have a Will, all property owned by the decedent is inherited by his descendants.

Some decades ago, a New Orleans lawyer sought a direct Veterans Administration loan for a client. He was to provide proof of clear title to the property offered as collateral. The title for the property in question was complicated and he spent a considerable amount of time reviewing all pertinent documents back to 1803. Satisfied with the depth and expanse of his examination, he submitted the information to the V.A.

I was unaware that any educated person would not know that the United States gained clear title to Louisiana from France in 1803. This title transfer was a result of a real estate transaction known as The Louisiana Purchase.

France first gained title to all the lands drained by the Mississippi River, when claimed by De LaSalle in 1682, for his king, Louis XIV.

The French kings were ruling land reunited under Charlemagne, who was crowned Emperor by Pope Leo III

Popes are called to service by God; God created the world.

Therefore, I believe that it is safe to presume that God created title to that part of the world called Louisiana and thus was the original holder of the property in question.

Loan granted.