An obligation implies a right to enforce it which may or may not accrue immediately upon the creation of the obligation. When the obligation allows a term for its performance, the right to enforce it does not accrue until the term has elapsed. If the obligation depends upon a suspensive condition, the right to enforce it does not accrue until the occurrence or performance of the condition. When an action is brought on an obligation before the right to enforce it has accrued, the action shall be dismissed as premature, but it may be brought again after this right has accrued.
Art. 423.Implied Right to Enforce Obligation; Prematurity
Title II. Actions · Chapter 1. General Dispositions · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 423 explains when the right to enforce an obligation arises — immediately, after a fixed term passes, or once a suspensive condition happens — and requires dismissal of a suit filed too soon, though the plaintiff may refile once the right has matured.
Full Text of Art. 423
Plain-English Summary
Not every obligation can be enforced the moment it's created. Article 423 recognizes that an obligation carries within it a right to enforce it, but that right may arrive later than the obligation itself.
Some obligations come with a term, a set date or period before performance is due. A loan payable in two years creates an obligation right away, but the lender's right to sue for payment doesn't arrive until the two years run out. Other obligations depend on a suspensive condition: an uncertain future event that must happen before the obligation takes effect at all, such as a promise to pay a bonus if a project closes by a certain date. Until that event occurs, there's no right to enforce.
If a plaintiff sues before the right to enforce has arrived, the court dismisses the suit as premature. That dismissal isn't the end of the story. Because the underlying obligation still exists, the plaintiff can bring the same claim again once the term has elapsed or the condition has occurred. The article treats an early lawsuit as a timing mistake, not a forfeited claim.
Frequently Asked Questions
What does it mean for a right to "accrue"?
It means the point at which a person is entitled to go to court and demand enforcement of an obligation, which can come later than the moment the obligation itself was created.
What is a suspensive condition?
A future, uncertain event that must happen before an obligation takes effect. Until the event occurs, there is nothing yet to enforce.
What happens if I sue before my claim is ripe?
The court dismisses the suit as premature, but the dismissal does not bar the underlying claim. Once the term has elapsed or the condition has occurred, the same claim can be brought again.
Is a term obligation the same as a suspensive condition?
No. A term is a known point in time that will certainly arrive, such as a due date. A suspensive condition is an uncertain event that may or may not happen at all.
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: prematurity Louisianaexception of prematuritysuspensive condition Louisianawhen does a right accrue