Art. 1065.Reconventional Demand Exceeding Principal Demand
Book II. Ordinary Proceedings · Title I. Pleading · Chapter 6. Incidental Actions · Amendment history unavailable · Last verified July 30, 2026
Full Text of Art. 1065
Plain-English Summary
A reconventional demand isn't limited to functioning as a shield against the plaintiff's claim. Article 1065 makes clear it doesn't have to diminish or defeat the principal demand at all — a defendant's claim can stand on its own, independent of whether the plaintiff wins or loses on the original suit.
The amount at stake isn't capped either. A defendant can seek relief in the reconventional demand that exceeds what the plaintiff is asking for in the principal demand. If the defendant's own claim happens to be worth more than the plaintiff's, Article 1065 lets the defendant pursue the full value of it in the same proceeding.
Frequently Asked Questions
Does a reconventional demand have to reduce what the plaintiff recovers?
No. Article 1065 says a reconventional demand may or may not diminish or defeat the recovery sought in the principal demand.
Can a reconventional demand seek more money than the plaintiff's original claim?
Yes. Article 1065 allows the reconventional demand to claim relief exceeding the amount sought in the principal demand.
Is a reconventional demand only a defensive tool?
No. It can function as an independent claim for relief, not merely as an offset against the plaintiff's recovery.