Litigious Right Law and Legal Definition

Litigious right refers to a right that can be exercised only after being litigated. A suit must exist for the exercise of a litigious right.

The following is an example of a state statute defining a litigious right. “A right is litigious when it is contested in a suit already filed”.[La. C.C. Art. 2652]

Pursuant to La. C.C. Art. 2652, the existence of a litigious right is a necessary prerequisite to a right of redemption. “When a litigious right is assigned, the debtor may extinguish his obligation by paying to the assignee the price the assignee paid for the assignment, with interest from the time of the assignment”.