Legal Definitions - litigious right

Definition: A litigious right is a civil law term that refers to a right that cannot be exercised without first being determined in a lawsuit. According to Louisiana Civil Code Article 2652, if the right is sold, it must be in litigation at the time of sale to be considered a litigious right.

Example: Let's say that John owns a piece of land, but his neighbor, Sarah, claims that a portion of the land belongs to her. John cannot sell the land without first resolving the dispute with Sarah in court. In this case, John's right to sell the land is considered a litigious right because it is dependent on the outcome of the lawsuit.

Another example: Mary is a freelance writer who has written an article for a magazine. The magazine has not paid her for the article, and Mary believes that she has a right to be compensated for her work. However, she cannot exercise this right without first filing a lawsuit against the magazine. Therefore, her right to be paid for her work is considered a litigious right.

These examples illustrate how litigious rights are dependent on the outcome of a lawsuit. Until the dispute is resolved in court, the right cannot be exercised or transferred to another party.