Copyright (c) 1999 Loyola Law Review
Loyola Law Review
ARTICLE: JOINT AND SEVERAL 1 TORT LIABILITY IN THE LOUISIANA CIVIL LAW -- REQUIEM FOR A MOCKING BIRD? 2
44 Loy. L. Rev. 703
William L. Crowe, Sr. *
This article is intended to be a survey of the origin, reception, development, erosion, and demise of the institution of solidary tort liability in the Louisiana Civil Law, accompanied by some critical observations.
THE STORY OF SOLIDARY TORT LIABILITY IN LOUISIANA JURISPRUDENCE UNTIL 1996
To fully understand the present, it is helpful, if not absolutely essential, to examine the past and see how Louisiana got to the present. If done satisfactorily, perhaps the chances of plotting the future are not without promise.
ORIGIN AND RECEPTION
ORIGIN AND RECEPTION OF THE INSTITUTION OF SOLIDARY LIABILITY FOR OBLIGORS IN GENERAL
The concept of solidary liability was legislatively expressed in article 1200 of the Code Napoleon of 1804 3 and first legislatively expressed in Louisiana in article 100 of the Louisiana Civil Code of 1808: "There is an obligation in solido on the part of the debtors when they are all obliged to the same thing, so that each may be compelled for the whole, and when the payment made by one of them exonerates the others toward the creditor." 4 Article 100 was simply the English translation of the Code Napoleon article and was carried forward virtually without change 5 into article 2086 of the Louisiana Civil Code of 1825, 6 and then article 2091 of the Louisiana Civil Code of 1870. 7 These various articles were the progenitors of present day Louisiana Civil Code article 1794: "An obligation is solidary for the obligors when each obligor is liable for the ...
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