Art. 1882.Provisions Independent and Severable
Book II. Ordinary Proceedings · Title VI. Judgments · Chapter 2. Declaratory Judgments · Amendment history unavailable · Last verified July 30, 2026
Full Text of Art. 1882
Plain-English Summary
Article 1882 is a severability clause: a drafting safeguard that protects the rest of a statute from falling along with one defective piece of it. It states that Articles 1873 through 1883 are independent and severable, and that any invalidity in one part or feature of those articles does not affect or make the rest of them invalid or inoperative.
Notice the specific range: the severability clause covers Articles 1873 through 1883, the more detailed applications and procedural provisions in the chapter. It does not include Articles 1871 and 1872, which set out the chapter's foundational grant of power and its first specific application. Article 1882's own text is what fixes that boundary.
For most litigants, Article 1882 works quietly in the background rather than being something they invoke directly. Its function is to reassure that a successful challenge to one provision -- say, a procedural detail in Article 1878's supplemental relief rules -- would not automatically bring down the rest of the declaratory judgment framework built around it.
Frequently Asked Questions
What does severability mean in Article 1882?
It means that if any part of Articles 1873 through 1883 is found invalid, that invalidity does not affect or make the remaining provisions invalid or inoperative.
Which articles does Article 1882's severability clause cover?
Does Article 1882 give a litigant any right to sue?
No. It is a structural provision that protects the chapter's other articles from being invalidated together, rather than a source of a claim.