A person interested under a deed, will, written contract or other writing constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder.
Art. 1872.Interested Parties May Obtain Declaration of Rights, Status, Or Other Legal Relations
Book II. Ordinary Proceedings · Title VI. Judgments · Chapter 2. Declaratory Judgments · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 1872 lets a person interested under a deed, will, written contract, or other writing that forms a contract, or whose rights are affected by a statute, municipal ordinance, contract, or franchise, ask a court to construe that instrument or law and declare the resulting rights, status, or legal relations.
Full Text of Art. 1872
Plain-English Summary
Article 1872 spells out one of the main doorways into Louisiana's declaratory judgment chapter. It covers two broad categories of instruments: written documents that constitute a contract, such as a deed, a will, or a written agreement; and sources of law or authority that affect someone's rights, such as a statute, a municipal ordinance, a contract, or a franchise. Anyone with an interest under one of these can ask a court to resolve a question about how it should be construed or whether it is valid.
Two things flow from that determination. The court can settle the question of construction or validity itself, and it can go further and declare the rights, status, or legal relations that follow from the answer. A beneficiary unsure how ambiguous language in a will applies to their share, or a business unsure whether a new municipal ordinance cuts into rights granted under its franchise, can bring that uncertainty to court under this article rather than waiting for a dispute to force the issue.
Article 1872 is one of several specific applications of the general power Article 1871 grants; Articles 1873 and 1874 supply others aimed at contract timing and fiduciary administration, and Article 1875 confirms that this list does not confine the broader grant.
Frequently Asked Questions
Who counts as an "interested person" under Article 1872?
Anyone whose rights, status, or other legal relations are affected by the deed, will, contract, statute, ordinance, or franchise in question, whether they are a party to the instrument or someone whose interests it touches.
Can Article 1872 be used to challenge whether a statute or ordinance is valid?
Yes. The article lets an interested person seek a determination of validity as well as a determination of how the statute, ordinance, contract, or franchise should be construed.
Does Article 1872 require a breach or violation to have already happened?
No. It lets an interested person seek a declaration about construction or validity without waiting for a breach or violation to occur first.
How does Article 1872 relate to the general power in Article 1871?
Article 1872 is one specific application of Article 1871's broader grant of power to declare rights, status, and legal relations, focused on written instruments and sources of legal authority.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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