Buried by the Sands of Time: The Problem with Peremption
48 Pages Posted: 18 Sep 2009 Last revised: 19 Jul 2010
Date Written: September 17, 2009
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.
Keywords: peremption, statute of limitations, Louisiana
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