- 34 -
22 La. Civ. Code arts. 880 et seq., 3506(28); La. R.S.
9:2722.
23 La. Civ. Code art. 2331.
The existence of the marriage contract has been conclusively
established. The text of the marriage contract has been
conclusively established. On the basis of the record in the
instant case, we conclude that respondent has not been injured.
C. Failure To Conform With the Contract’s Terms
Respondent contends in the alternative that petitioners’
failure to conform to the terms of their marriage contract
rendered the contract ineffective.
Respondent has not directed our attention to any Louisiana
law, or to any other authority for that matter, that specifically
addresses this issue. In fact, respondent acknowledges on brief
that respondent was unable to find any case that directly
addresses this issue. In our own search, we likewise have been
unable to find any authority that supports respondent’s
contention. Nevertheless, we need not decide whether in the
abstract spouses’ failure to conform to the terms of their
marriage contract can render it ineffective because, even if
respondent is correct, we conclude that petitioners substantially
conformed to the terms of their marriage contract.
In evaluating the evidence in the instant case, we are
mindful that “‘agreements legally entered into have the effect of
laws on those who form them. R.C.C. Art. 1901 * * * Arkansas
Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 NextLast modified: May 25, 2011