A tutor cannot in his personal capacity or as representative for any other person make any contracts with the minor. He cannot acquire any property of the minor, or interest therein, personally or by means of a third person, except as otherwise provided by law. Contracts prohibited by this article shall be null, and the tutor shall be liable to the minor for damages resulting therefrom.
Art. 4263.Contracts Between Tutor and Minor
Book VII. Special Proceedings · Title VI. Tutorship · Chapter 8. General Functions, Powers, and Duties of Tutor · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 4263 bars a tutor from contracting with the minor, personally or through a third party, and from acquiring any of the minor's property or interest in it, making any such transaction null and exposing the tutor to liability for the resulting damages.
Full Text of Art. 4263
Plain-English Summary
Article 4263 is the tutorship's core conflict-of-interest rule, paralleling the prohibition against a succession representative buying from the estate under administration. It bars a tutor from making contracts with the minor in the tutor's personal capacity or as representative for any other person, closing off the obvious workaround of routing a forbidden deal through a spouse, a business entity, or a third-party buyer.
The bar extends beyond formal contracts to acquisitions generally. A tutor cannot acquire any property of the minor, or any interest in it, whether personally or by means of a third person, except where some other law specifically allows it.
The consequence is nullity, not mere voidability, meaning a prohibited contract has no legal effect from the start, and the tutor is additionally liable to the minor for damages resulting from it. Because the transaction is void regardless of how it is structured, a tutor gains nothing by attempting to disguise a self-dealing arrangement. When this kind of conflict arises, Article 4202 puts the undertutor in the minor's place to represent the minor's side.
Frequently Asked Questions
Can a tutor buy property from the minor they represent?
No. Article 4263 bars a tutor from acquiring the minor's property or any interest in it, personally or through a third person, except as otherwise provided by law.
What happens if a tutor makes a prohibited contract with the minor?
The contract is null, and the tutor is liable to the minor for damages resulting from it.
Can a tutor get around this rule by using a third party?
No. Article 4263 expressly covers contracts made as representative for any other person and acquisitions made by means of a third person.
Who represents the minor when the tutor's own interests conflict with the minor's?
The undertutor, under the duty Article 4202 assigns whenever the minor's interest is opposed to the tutor's.
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: tutor self-dealing prohibition LouisianaArticle 4263 Louisianacan a tutor buy the minor's propertycontracts between tutor and minor are voidconflict of interest tutor Louisiana