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88 Tul. L. Rev. 423 (2013-2014)

handle is hein.journals/tulr88 and id is 471 raw text is: TULANE LAW REVIEW VOL. 88 FEBRUARY 2014 No. 3 The Anomalous Interaction Between Code and Statute-Lessor's Warranty and Statutory Waiver Melissa T. Lonegrass* 7Tis Article takes up the debate regarding the Louisiana Cil Code s role and status as the foremost soure ofprivate law i this state, focusing on an aspect of the ongoing revision of the Code of 1870 that has thus far been largely ignored by the scholarly dalogu~e complex relationship between the Louisiana Civil Code and the Louisiana Revised Statutes. Although special legislation plays an essential role in all codfied legal systems, its relationship to the Civdl Code must be clearly understood lest statutory law be allowed to undeinhe core principles of the legal system Although the code is no longer the sole, or even prnmary souwe oflaw i many civ lawjusdictions, special legislation must be made and applied cautiously so to minimize deviations from the default rules of the code. In Louisiana, statutory law, particularly that found in the Civil Code Ancillaries, too ofien subverts the Civil Code rather than supporting it. This Article seeks to elucidate the causes and consequences of this anomalous interaction between code and statute, ushigas a case study the law governig wivers ofthe lessork rsponsibility for the condition ofthe leased premises. * 0 2014 Melissa T Lonegrass. Harriet S. Daggett-Frances Leggio Landry Associate Professor of Law and Bernard Keith Vetter Associate Professor of Civil Law Studies, Paul M. Hebert Law Center, Louisiana State University. I would like to thank the participants in the 2009 Tulane Colloquium on the Civil Code, at which an early iteration of this Article was presented, for their helpful insights and comments, as well as William R. Corbett, L. David Cromwell, Dian Tooley-Knoblett, Olivier Mor6teau, Ronald J. Scalise Jr., Peter Title, and Vernon V Palmer for their thoughtful comments on later drafts. I would also like to thank the LSU Law Center for its generous research support and the many LSU Law Center students who have worked on this project over the years, including Meghan Carter, Jessica Engler, Heidi Kemple, Kevin McNally, and David Greene. Professor Vernon V Palmer is credited for the title to this piece. 423

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