Article
Ghosts of the Past and Hopes for the Future: Article 466 and Societal Expectations
Tulane Law Review
Abstract
This paper traces the history of the law governing component parts Louisiana Civil Code article 466 and its predecessor articles. It notes that civilian methods of interpretation do little to solve the ambiguity inherent in component parts and that stare decisis and jurisprudence constante only confuse the situation. The societal expectations test has been designed to account for these problems and has successfully resolved the ambiguities when it is correctly applied.
Disciplines
Keywords
- Fixtures (Law) -- Louisiana,
- Social change,
- Law -- Interpretation & construction -- Louisiana,
- Judicial discretion -- Louisiana
Date of Authorship for this Version
1-1-2007
Citation Information
Elizabeth Carter. "Ghosts of the Past and Hopes for the Future: Article 466 and Societal Expectations" Tulane Law Review (2007) Available at: http://works.bepress.com/elizabeth_carter/2/
81 Tul. L. Rev. 1665 (2007)