Art. 4363.Security Instead of Mortgage
Book VII. Special Proceedings · Title VI. Tutorship · Chapter 9. Alienation of Minor's Property · Amendment history unavailable · Last verified July 30, 2026
Full Text of Art. 4363
Plain-English Summary
Article 4362's vendor's privilege and mortgage-records recordation protect the minor automatically, but they are not the only way to secure an unpaid adjudication price. Article 4363 gives the parent an alternative: instead of leaving the minor's protection to that automatic privilege, the parent may furnish security of the kind Article 4132 describes for tutors generally, or a special mortgage of the kind Article 4133 allows in place of a bond.
Whichever form the parent chooses, the amount is fixed by the transaction itself: the security or special mortgage has to equal the price of the adjudication. That ties the protection directly to what the minor is owed, rather than to some separately calculated figure.
Giving the parent this choice makes sense given who else in the tutorship already relies on Articles 4132 and 4133 -- the same security mechanisms available to a tutor generally are familiar tools that a court and the parties can size and evaluate consistently, whether the person furnishing them is the tutor administering the minor's estate or the parent acquiring an interest in it under Article 4361.
Frequently Asked Questions
Does a parent have to accept the automatic vendor's privilege under Article 4362?
How much security must a parent furnish under Article 4363?
An amount equal to the price of the adjudication -- the same figure that would otherwise be secured by the vendor's privilege under Article 4362.
What kinds of security can a parent use instead of the mortgage recordation?
Why would a parent choose security or a special mortgage over the automatic privilege?
The article gives the parent that option, and the choice can turn on practical considerations such as how the parent prefers to structure their finances or the property involved, while still giving the minor protection equal to the full adjudication price.