CC 573 - Dispensation of security - Louisiana Statutes

Art. 573. Dispensation of security by operation of law

A. Security may be dispensed with by operation of law when a person has a legal usufruct under Civil Code Article 223 or 3252.

B. Security is dispensed with by operation of law when a surviving spouse has a legal usufruct under Civil Code Article 890 unless the naked owner is not a child of the usufructuary or unless the naked owner, although a child of the usufructuary, is a forced heir of the decedent. In the latter case, the naked owner may obtain security only to the extent of his legitime.

C. Security is dispensed with by operation of law when a parent has a legal usufruct under Civil Code Article 891 unless the naked owner is not a child of the usufructuary.

D. Security is dispensed with by operation of law when a surviving spouse has a legal usufruct under Civil Code Article 2434 unless the naked owner is a child of the decedent but not a child of the usufructuary. Sellers or donors of property under reservation of usufruct are not required to give security.

Acts 1976, No. 103, §1; Acts 2004, No. 158, §1.