Tacit mortgage abolished.
La. Civ. Code art. 1395
in effect1395. Tacit mortgage abolished.
The tacit mortgage which resulted from the partition for the execution of all the obligations contained therein, * no longer exists; but the heirs may stipulate a special mortgage.**
* English translation of French text incomplete; should include "or flowing therefrom."
** Note error in English translation of French text; "a special mortgage" should be "an express mortgage, if they see fit."
Source: Louisiana State Legislature (legis.la.gov)URL: https://legis.la.gov/legis/Law.aspx?d=108749Fetched: 10/20/2026