---
urn: "urn:us-la:civcode:art:1395"
article_number: "1395"
status: active
heading: "Tacit mortgage abolished."
breadcrumb: "Book III › Title I › Chapter 12 › Section 6"
source_url: "https://legis.la.gov/legis/Law.aspx?d=108749"
schema_version: "1.0.0"
---

# Art. 1395. Tacit mortgage abolished.

The tacit mortgage which resulted from the partition for the execution of all the obligations contained therein, * no longer exists; but the heirs may stipulate a special mortgage.**

* English translation of French text incomplete; should include "or flowing therefrom."

** Note error in English translation of French text; "a special mortgage" should be "an express mortgage, if they see fit."