Ghosts of the Past and Hopes for the Future: Article 466 and Societal Expectations

26 Pages Posted: 16 Jun 2013

See all articles by Elizabeth Ruth Carter

Elizabeth Ruth Carter

Louisiana State University, Baton Rouge - Paul M. Hebert Law Center

Date Written: 2006

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.

Suggested Citation

Carter, Elizabeth Ruth, Ghosts of the Past and Hopes for the Future: Article 466 and Societal Expectations (2006). Tulane Law Review, Vol. 81, p. 1665, 2006-2007, Available at SSRN: https://ssrn.com/abstract=2279900

Elizabeth Ruth Carter (Contact Author)

Louisiana State University, Baton Rouge - Paul M. Hebert Law Center ( email )

446 Law Center Building
Baton Rouge, LA 70803
United States

HOME PAGE: http://www.law.lsu.edu/directory/profiles/elizabeth-r-carter/

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