Buried by the Sands of Time: The Problem with Peremption
Sally Brown Richardson
Tulane University - Law School
September 17, 2009
Louisiana Law Review, Vol. 70, p. 1179, 2010
Peremption, in Louisiana law, is a mode of destroying rights due to nonuse. Though seemingly simple in definition, the application of peremption creates vast jurisprudential problems. The problems of peremption lie in the inequities the doctrine creates, its misapplication by courts, and the confusion it causes with other institutions that also temporally affect when a party may bring a cause of action. Given these issues, this article argues that the doctrine of peremption is in need of legislative overhaul and recommends four, alternative solutions to alleviate the identified problems. The article concludes by advocating for one of the particular legislative remedies.
Number of Pages in PDF File: 48
Keywords: peremption, statute of limitations, Louisiana
Date posted: September 18, 2009 ; Last revised: July 19, 2010
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