Art. 1875.Powers Enumerated Not Exclusive

Book II. Ordinary Proceedings · Title VI. Judgments · Chapter 2. Declaratory Judgments · Amendment history unavailable · Last verified July 30, 2026

In one sentenceArticle 1875 clarifies that the specific applications listed in Articles 1872 through 1874 do not limit or restrict the broad power Article 1871 gives courts to grant declaratory relief in any proceeding where a judgment would terminate a controversy or remove an uncertainty.

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The enumeration in Articles 1872 through 1874 does not limit or restrict the exercise of the general powers conferred in Article 1871 in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.

Plain-English Summary

Articles 1872 through 1874 give examples: contracts, wills, statutes, ordinances, franchises, trusts, and estates. Article 1875 makes sure no one reads that list as a ceiling. It states directly that the enumeration in those three articles does not limit or restrict the general powers Article 1871 confers.

The practical effect is that a litigant is not confined to the fact patterns spelled out earlier in the chapter. Any dispute that fits Article 1871's general formula -- a proceeding where a declaratory judgment or decree would terminate the controversy or remove an uncertainty -- qualifies for declaratory relief, whether or not it resembles one of the listed examples.

This kind of clarifying clause is common in statutes built around a set of illustrative examples: it heads off arguments that the specific provisions were meant to narrow the general grant that came before them.

Frequently Asked Questions

Does Article 1875 add any new rights beyond what Article 1871 already grants?

No. It confirms that Articles 1872 through 1874 do not cut back on the general power already granted by Article 1871; it does not expand that power further.

Why does Louisiana need an article just to say a list of examples is not exclusive?

Without it, a court might read the specific examples in Articles 1872 through 1874 as narrowing the general grant in Article 1871 rather than illustrating it.

Can I get declaratory relief for a dispute that is not a contract, will, or estate matter?

Yes, as long as the dispute fits Article 1871's general standard that a declaratory judgment would terminate the controversy or remove the uncertainty.

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

Also known as: Louisiana declaratory judgment enumeration not exclusiveArticle 1875 Louisiana Code of Civil Proceduredeclaratory relief beyond listed examples Louisiana