Except as otherwise provided by law, an action can be brought only by a person having a real and actual interest which he asserts.
Art. 681.Real and Actual Interest Required
Title III. Parties · Chapter 2. Parties Plaintiff · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 681 requires anyone bringing a lawsuit in Louisiana to have a real and actual interest in the claim being asserted, establishing the baseline standing rule that runs through the rest of this chapter's rules about who counts as the proper plaintiff.
Full Text of Art. 681
Plain-English Summary
Article 681 sets the ground rule for who may walk into a Louisiana court and file suit: a person with a real and actual interest in the claim. That interest has to belong to the person asserting it — a plaintiff cannot sue to vindicate someone else's grievance unless the law specifically allows it, and the rest of this chapter identifies the situations where someone acts on another's behalf.
The phrase 'real and actual' rules out lawsuits built on curiosity, a principle detached from any stake in the outcome, or a right that has not yet come into being. The interest has to be concrete and belong to the plaintiff at the time suit is filed, not speculative or contingent on events that have not happened.
Every article that follows in this chapter — covering minors, interdicts, successions, spouses, corporations, agents, and more — works out how this real-and-actual-interest requirement applies when the person or entity with the interest cannot appear and sue in an ordinary way.
Frequently Asked Questions
What counts as a real and actual interest under Article 681?
A concrete, present stake in the outcome of the claim being asserted, belonging to the person who files suit, rather than a general concern about the underlying dispute.
Can someone sue in Louisiana on behalf of another person's claim?
Only when the law specifically allows it, such as a tutor suing for a minor or a succession representative suing for a deceased person's estate, situations this chapter's later articles address directly.
Does Article 681 have exceptions?
Yes. It opens with the phrase 'except as otherwise provided by law,' recognizing that other rules and statutes create specific situations where someone without their own direct interest may still be the proper plaintiff.
What happens if a plaintiff files suit without a real and actual interest?
The suit is subject to challenge for lack of interest, since Article 681 makes that interest a condition for bringing the action in the first place.
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: Louisiana standing to suereal and actual interest requirementwho can sue in LouisianaArticle 681 Louisiana Code of Civil Procedureproper party plaintiff Louisiana