Michael J. Downing and Sandra M. Downing - Page 31

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          husband.”  16 Spaht & Hargrave, sec. 8.5, n.9 and associated                
          text.                                                                       
               We have not been directed to, and our research has not                 
          disclosed, anything in the legislative history of the enactment             
          of article 2332 that suggests that the words “or parishes” were             
          intended to require new filings in the circumstances of the                 
          instant case.20                                                             
               Respondent raises the concern that a ruling in favor of                
          petitioners--                                                               
               would mean that third parties would have to search the                 
               conveyance records of each of the 64 parishes in the State             
               of Louisiana in order to assure themselves that the parties            
               had not filed a matrimonial agreement that would affect the            
               third parties’ right as to petitioners’ movables.  * * *               
               Respondent submits that this result would be completely                
               contradictory to the purpose of La. Civ. Code art. 2332                
               (West 1985), which provides in a clear and straightforward             

               20  Spaht and Hargrave note as follows (16 Spaht & Hargrave,           
          sec. 8.5):                                                                  
               Indeed, when the legislation was drafted, central statewide            
               registry of matrimonial agreements was part of the proposal,           
               rendering unnecessary a continuing registration as spouses             
               moved about the state.  That proposal was defeated,                    
               however.10 The result is that in a mobile society, third               
               persons are not well protected with respect to matrimonial             
               agreements that were contracted when the spouses were                  
               domiciled elsewhere.  In a crucial situation, a search of              
               the records in 64 parishes would be required to ascertain              
               with certainty that no such agreement was recorded in the              
               state.                                                                 
               10  K. Spaht and C. Samuel, Equal Management Revisited: 1979           
               Legislative Modifications of the 1978 Matrimonial Regimes              
               Law, 40 La. L. Rev. 84, 106; La. H.B. No. 802, 5th Reg.                
               Sess. (1979).                                                          






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