A personal action is one brought to enforce an obligation against the obligor, personally and independently of the property which he may own, claim, or possess. A real action is one brought to enforce rights in, to, or upon immovable property. A mixed action is one brought to enforce both rights in, to, or upon immovable property, and a related obligation against the owner, claimant, or possessor thereof.
Art. 422.Personal, Real, Mixed Actions
Title II. Actions · Chapter 1. General Dispositions · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 422 sorts every civil action into personal, real, or mixed categories based on what the plaintiff is asking the court to protect — an obligation owed by a person, a right in land itself, or both together — a classification unique to Louisiana's civil-law tradition.
Full Text of Art. 422
Plain-English Summary
Common-law states don't sort lawsuits this way, but Louisiana's Code of Civil Procedure grew out of the French and Spanish civil-law tradition, which draws a sharp line between rights against a person and rights in a thing. Article 422 puts that line into the Code by dividing every civil action into three types.
A personal action enforces an obligation against the person who owes it, regardless of what property that person owns, holds, or claims. Suing on a promissory note, a lease, or a car-accident claim are all personal actions: you're going after the obligor, not a piece of land.
A real action enforces a right in, to, or on immovable property, Louisiana's term for real estate. A suit to establish ownership of a tract, to fix a disputed boundary, or to recognize a servitude (an easement, in common-law terms) is a real action. It runs with the land and against whoever holds an interest in it, not against a particular person's general obligations.
A mixed action does both at once: it asserts a right in immovable property and, tied to that right, an obligation against the person who owns, claims, or possesses it. An action to be recognized as owner of land and to collect rent the current possessor owes for using it is a mixed action, part real, part personal, in a single demand.
Frequently Asked Questions
What's the difference between a personal and a real action?
A personal action goes after a person's obligation, like a debt or a duty to pay damages. A real action asserts a right in land itself, like ownership or a boundary, regardless of who currently holds the property.
Is this the same as the common-law idea of in personam versus in rem jurisdiction?
The two ideas overlap but aren't identical. In personam and in rem describe a court's power over a person or a thing; personal, real, and mixed actions describe what the lawsuit itself is asking the court to enforce.
Why does Louisiana classify actions this way?
The classification affects practical questions such as where a suit can be filed and whom it must be brought against, since a right in land travels with the property while a personal obligation travels with the person who owes it.
What is a mixed action, in plain terms?
A single lawsuit that combines a claim to a right in land with a related claim against the person who owns, claims, or possesses that land, for example, a claim to ownership paired with a claim for rent owed by the current possessor.
Source & verification. Article text is reproduced verbatim from
the vLex (Louisiana Code of Civil Procedure, 2026 Edition). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
Also known as: personal action Louisianareal action Louisianamixed action Louisianain rem in personam Louisiana civil law