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LSA-R.S. 10:3-203
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§3-203. Transfer of instrument; rights acquired by transfer
(a) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument. (b) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee cannot acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument. (c) Unless otherwise agreed, if an instrument is transferred for value and the transferee does not become a holder because of lack of indorsement by the transferor, the transferee has a specifically enforceable right to the unqualified indorsement of the transferor, but negotiation of the instrument does not occur until the indorsement is made. (d) If a transferor purports to transfer less than the entire instrument, negotiation of the instrument does not occur. The transferee obtains no rights under this Chapter and has only the rights of a partial assignee. (e) Donations inter vivos of instruments shall be governed by the provisions of this Chapter notwithstanding any other provision of the Louisiana Civil Code or of any other law of this state, relative to the form of donations inter vivos, to the contrary. |
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C.C. Art 1540
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Form for donation of certain incorporeal movables
The donation and acceptance of a donation of an incorporeal movable of the kind that is evidenced by a certificate, document, instrument or other writing, and that is transferable by endorsement or delivery, may be made by authentic act or by compliance with the rquirements otherwise aplicable to the transfer of that particular kind of incorporeal movable. In addition, an incorporeal movable that is investment property, as that term is defined in Ch. 9 of the La.commercial laws, may also be donated by a writing signed by the donor that evidences donative intent and directs the transfer of the property to the donee or his account or for his benefit. Completion of the transfer to the donee or his account or for his benifit shall constitute acceptance of the donation. |
