Louisiana Notary Public Exam — Questions and Answers

Question 1: Under Louisiana law, what is a mandate of interest (mandat in rem suam)?

A mandate for charitable purposes
A mandate given to a minor
A mandate that requires compensation
A mandate given for the benefit of the mandatary or a third party, which is irrevocable without consent (Correct answer)

Correct answer: A mandate given for the benefit of the mandatary or a third party, which is irrevocable without consent

A mandate of interest benefits the mandatary or a third party and cannot be unilaterally revoked.

Question 2: Under which of the following circumstances may a donation inter vivos be revoked?

The donor changes their mind.
The value of the donated property increases significantly.
The ingratitude of the donee. (Correct answer)
The donor has another child after making the donation.

Correct answer: The ingratitude of the donee.

While donations inter vivos are generally irrevocable, they can be revoked for specific legal causes, including the ingratitude of the donee. Ingratitude can include the donee attempting to take the life of the donor or being guilty of cruel treatment or grievous injuries towards the donor.

Question 3: A mortgage established by a written agreement between a debtor and a creditor is known as a:

Judicial mortgage
Legal mortgage
Tacit mortgage
Conventional mortgage (Correct answer)

Correct answer: Conventional mortgage

A conventional mortgage is created by contract between the parties. A legal mortgage is created by operation of law (e.g., in favor of a minor over the property of a tutor), and a judicial mortgage results from the filing of a money judgment.

Question 4: Under Louisiana law, what happens to the community property regime when one spouse dies?

All community property automatically passes to the surviving spouse
The community continues until the surviving spouse dies or remarries
The community terminates; the surviving spouse owns one-half and the decedent's half passes by succession (Correct answer)
All community property goes into a trust

Correct answer: The community terminates; the surviving spouse owns one-half and the decedent's half passes by succession

Death terminates the community. The surviving spouse retains their half, and the decedent's half is distributed by succession.

Question 5: What does the Louisiana Civil Code principle of juridical acts encompass?

Only contracts between two or more parties
Any lawful volitional act intended to create, modify, or extinguish legal relations (Correct answer)
Only acts performed before a notary
Acts of the legislature only

Correct answer: Any lawful volitional act intended to create, modify, or extinguish legal relations

A juridical act is a volitional act intended to produce legal consequences, broader than just contracts.

Question 6: Can spouses in Louisiana change their matrimonial regime from community to separation of property during the marriage?

Yes, by joint petition and court approval, effective toward third parties upon filing in the public records (Correct answer)
No, the regime is fixed at marriage
Only by divorce and remarriage
Only if both spouses agree orally

Correct answer: Yes, by joint petition and court approval, effective toward third parties upon filing in the public records

Spouses may modify their matrimonial regime during marriage through a joint petition approved by the court.

Question 7: Under Louisiana law, what must a notary advise regarding renunciation of a succession?

Renunciation is only for debts exceeding $1 million
An heir may renounce a succession in writing filed in the succession record, and the renunciation relates back to the date of death (Correct answer)
Heirs cannot renounce an inheritance
Renunciation requires unanimous family consent

Correct answer: An heir may renounce a succession in writing filed in the succession record, and the renunciation relates back to the date of death

An heir may renounce their inheritance, and the renunciation is retroactive to the date of death.

Question 8: A document is presented to a Louisiana Notary for a jurat. Which action is mandatory for the notary to perform?

Confirm the signer's understanding of the document's legal consequences.
Administer an oath or affirmation to the signer. (Correct answer)
Allow the signer to sign the document before appearing in person.
Verify that the signer has willingly signed the document.

Correct answer: Administer an oath or affirmation to the signer.

The primary purpose of a jurat is for the signer to swear or affirm that the contents of a document are true. Therefore, the notary must administer an oath or affirmation. The signer must sign the document in the notary's presence for a jurat.

Question 9: A mobile home that is not permanently attached to a foundation and is intended to be moved from time to time is classified under Louisiana law as what kind of thing?

Incorporeal movable
Immovable by declaration
Corporeal movable (Correct answer)
Immovable by nature

Correct answer: Corporeal movable

Under the Louisiana Civil Code, things are divided into common, public, and private; corporeals and incorporeals; and movables and immovables. A mobile home that is not permanently affixed to the land is considered a corporeal movable because it has a body and can be moved from one place to another.

Question 10: What are the grounds for disinherison of a forced heir in Louisiana?

Only specific grounds in the Civil Code, such as attempting the testator's life, cruel treatment, or conviction of a felony (Correct answer)
Marriage without parental consent
Financial irresponsibility
Any reason the testator chooses

Correct answer: Only specific grounds in the Civil Code, such as attempting the testator's life, cruel treatment, or conviction of a felony

Louisiana allows disinherison only for just cause specifically listed in the Civil Code.

Question 11: Under Louisiana's community property regime, how are the fruits and revenues produced by a spouse's separate property classified?

As the separate property of the spouse who owns the producing asset
As community property belonging to both spouses (Correct answer)
As jointly owned separate property requiring partition upon request
As the exclusive property of whichever spouse manages the household finances

Correct answer: As community property belonging to both spouses

Under La. C.C. art. 2339, the fruits and revenues of a spouse's separate property are classified as community property during the existence of the community regime. This means rental income from a separately owned building, for example, falls into the community.

Question 12: In Louisiana civil law, what is the difference between a real right and a personal right?

There is no distinction in Louisiana law
A real right is enforceable only against the obligor; a personal right is enforceable against anyone
A real right expires; a personal right does not
A real right relates directly to a thing and is enforceable against the world; a personal right is enforceable only against specific persons (Correct answer)

Correct answer: A real right relates directly to a thing and is enforceable against the world; a personal right is enforceable only against specific persons

Real rights attach to things and are enforceable against everyone, while personal rights arise from obligations between specific parties.

Question 13: What is co-ownership (indivision) under Louisiana law?

Joint ownership by married couples only
Ownership of adjacent properties
A business partnership
Ownership of the same thing by two or more persons, each having an undivided share (Correct answer)

Correct answer: Ownership of the same thing by two or more persons, each having an undivided share

Co-ownership exists when multiple persons own undivided shares of the same thing.

Question 14: Marie has a usufruct over a rental apartment building. Which of the following actions is she permitted to take?

Demolish the building to construct a new one.
Sell the building to a third party.
Refuse to pay the property taxes.
Collect all rental income generated by the apartments. (Correct answer)

Correct answer: Collect all rental income generated by the apartments.

The usufructuary has the right to use the property (usus) and enjoy its fruits (fructus). Rental income is considered a civil fruit of the property, which the usufructuary is entitled to collect. The usufructuary cannot alienate or destroy the property and is responsible for paying ordinary expenses like property taxes.

Question 15: What is a matrimonial agreement in Louisiana law?

A divorce settlement
A child custody agreement
A contract between spouses or prospective spouses that modifies or establishes their matrimonial regime (Correct answer)
A prenuptial agreement only

Correct answer: A contract between spouses or prospective spouses that modifies or establishes their matrimonial regime

A matrimonial agreement can be entered into before or during marriage to modify the default community property regime.

Question 16: Can a donation inter vivos in Louisiana be revoked after acceptance by the donee?

Only for ingratitude of the donee, failure to fulfill conditions, or legal revocation upon birth of children (Correct answer)
No, never under any circumstances
Only by mutual consent of both parties
Yes, at any time for any reason

Correct answer: Only for ingratitude of the donee, failure to fulfill conditions, or legal revocation upon birth of children

Louisiana law permits revocation of inter vivos donations only in limited circumstances.

Question 17: Under Louisiana law, who is responsible for necessary repairs to property under usufruct?

The local government
The usufructuary is responsible for ordinary maintenance and repairs (Correct answer)
The naked owner only
The insurance company

Correct answer: The usufructuary is responsible for ordinary maintenance and repairs

The usufructuary must maintain the property and make ordinary repairs.

Question 18: Under Louisiana law, can a principal ratify an unauthorized act performed by someone who was not actually a mandatary?

Only through a court proceeding
Only if the unauthorized person is a family member
Yes, the principal may ratify the act of any person who acted on the principal's behalf without authority (Correct answer)
No, only acts of existing mandataries can be ratified

Correct answer: Yes, the principal may ratify the act of any person who acted on the principal's behalf without authority

A principal may ratify acts done on their behalf even by persons who had no prior authority.

Question 19: During a closing, one party informs the notary they are under tutorship due to a mental disability. What should the notary do?

Have the party sign a capacity waiver
Proceed normally since the party is present
Refuse to proceed under all circumstances
Verify that the tutor is authorized to act and that proper court authorization has been obtained for the transaction (Correct answer)

Correct answer: Verify that the tutor is authorized to act and that proper court authorization has been obtained for the transaction

The notary must verify the tutor's authority and any required court authorization.

Question 20: What ethical obligation does a Louisiana notary have regarding conflicts of interest?

A notary should not execute an act in which they have a personal financial interest and must disclose potential conflicts (Correct answer)
Notaries have no conflict restrictions
The witnesses handle conflict checks
Conflicts only matter if the notary is also an attorney

Correct answer: A notary should not execute an act in which they have a personal financial interest and must disclose potential conflicts

Notaries must avoid conflicts of interest and disclose any potential conflicts.

Question 21: Under Louisiana law, what is the legal character of an 'onerous donation' when the charges or conditions imposed on the donee equal or exceed the value of the thing given?

It is still classified as a donation but is subject to forced heirship reduction
It is treated as a synallagmatic (bilateral) contract rather than a true donation (Correct answer)
It must be re-executed as a sale to be enforceable
It is void for lack of donative intent

Correct answer: It is treated as a synallagmatic (bilateral) contract rather than a true donation

When the burdens placed on the donee equal or exceed the value of the donated thing, there is no net gratuitous transfer. Louisiana law treats the transaction as a synallagmatic contract governed by the rules of onerous contracts, stripping it of its character as a donation entirely.

Question 22: What is destination of the owner as it relates to servitudes in Louisiana law?

The mailing address of the property owner
An apparent arrangement created by the owner that becomes a servitude when the properties are divided (Correct answer)
The purpose for which the owner uses the property
A deed restriction placed by the original developer

Correct answer: An apparent arrangement created by the owner that becomes a servitude when the properties are divided

Destination of the owner creates a servitude when a visible arrangement becomes binding upon property division.

Question 23: What is acquisitive prescription of immovable property (30-year prescription) in Louisiana?

A tax exemption after owning property for 30 years
Expiration of a mortgage after 30 years
Acquisition of ownership through continuous possession for 30 years, even without title or good faith (Correct answer)
A mandatory survey requirement every 30 years

Correct answer: Acquisition of ownership through continuous possession for 30 years, even without title or good faith

Thirty-year acquisitive prescription allows ownership through long possession without requiring title or good faith.

Question 24: Under Louisiana law, what is the notary's role in preparing a matrimonial agreement?

The notary has no role
Only judges can prepare matrimonial agreements
The notary only files the agreement with the court
The notary prepares and executes the agreement in authentic act form, ensuring both parties understand the regime (Correct answer)

Correct answer: The notary prepares and executes the agreement in authentic act form, ensuring both parties understand the regime

The notary plays a central role in drafting and executing matrimonial agreements.

Question 25: What is acquisitive prescription (usucaption) in Louisiana civil law?

A court order to seize property for unpaid taxes
Acquisition of ownership through continuous possession for a legally prescribed period (Correct answer)
A contract for future purchase of property
The right of first refusal on adjacent property

Correct answer: Acquisition of ownership through continuous possession for a legally prescribed period

Acquisitive prescription allows a possessor to become the owner of property through continuous, uninterrupted possession for the time fixed by law.

Question 26: Under Louisiana succession law, what is the significance of the community property settlement at death?

The entire community goes to the surviving spouse
It has no significance
Before the succession can proceed, the community must be settled -- separating the surviving spouse's half from the decedent's half (Correct answer)
Community property is not relevant in successions

Correct answer: Before the succession can proceed, the community must be settled -- separating the surviving spouse's half from the decedent's half

The community must be terminated and settled before the decedent's estate can be distributed.

Question 27: Under Louisiana's default matrimonial regime, which of the following is classified as community property?

Property donated to one spouse individually
Property inherited by one spouse during the marriage
Damages for personal injury of one spouse
Earnings from employment during the marriage (Correct answer)

Correct answer: Earnings from employment during the marriage

Employment earnings during the marriage are community property.

Question 28: Under Louisiana law, which of the following best describes putting in default?

Declaring a contract null and void
Filing a lawsuit for breach of contract
Automatically terminating an obligation after a set period
A formal demand for performance that triggers the obligor's liability for damages (Correct answer)

Correct answer: A formal demand for performance that triggers the obligor's liability for damages

Putting in default is a formal act notifying the obligor that performance is required, triggering liability for delay damages.

Question 29: An authentic act is considered 'self-proving' in Louisiana primarily because:

It does not require the presence of any witnesses at the time of signing
It can be admitted into evidence without requiring live testimony from the subscribing notary or witnesses (Correct answer)
The notary's seal substitutes for the signatures of the parties to the instrument
It is automatically indexed in the parish mortgage and conveyance records upon execution

Correct answer: It can be admitted into evidence without requiring live testimony from the subscribing notary or witnesses

Because an authentic act is executed with full legal formalities — in the simultaneous presence of a notary and two witnesses — it carries its own proof of execution. Courts may admit it into evidence without calling the notary or witnesses to testify about how it was signed, saving time and expense in litigation.

Question 30: What is the primary purpose of Civil Law in Louisiana?

To enforce contracts
To regulate business practices
To resolve disputes between private parties (Correct answer)
To punish criminal offenders

Correct answer: To resolve disputes between private parties

In Louisiana, Civil Law is primarily concerned with regulating relationships and resolving disputes between private individuals or entities. Unlike criminal law, which focuses on offenses against the state, Civil Law provides a framework for contracts, property, family matters, and torts. Its main purpose is to ensure fairness and order in private interactions.

Question 31: Under Louisiana civil law, what is a synallagmatic contract?

A contract where both parties are bound to perform reciprocal obligations (Correct answer)
A contract that benefits only one party
A contract that must be in writing
A contract made before a notary public

Correct answer: A contract where both parties are bound to perform reciprocal obligations

A synallagmatic (bilateral) contract creates reciprocal obligations for both parties.

Question 32: What is a privilege in Louisiana security device law?

An exemption from taxation
A type of insurance policy
A special right enjoyed by wealthy individuals
A right of preference given by law to certain creditors to be paid before other creditors (Correct answer)

Correct answer: A right of preference given by law to certain creditors to be paid before other creditors

A privilege is a statutory right giving certain creditors priority in payment over other creditors.

Question 33: What is the notary's obligation regarding taxes in a Louisiana succession?

Tax matters are exclusively handled by the IRS
The notary must ensure proper tax clearances are obtained and may need to arrange for filing of required tax returns (Correct answer)
The notary personally pays the inheritance tax
The notary has no tax obligations

Correct answer: The notary must ensure proper tax clearances are obtained and may need to arrange for filing of required tax returns

The notary must address tax compliance as part of the succession process.

Question 34: Under Louisiana law, what is a pledge as a security device?

A type of mortgage on movable property
A verbal promise to pay a debt
A contract by which a debtor gives a thing to a creditor as security, with the creditor taking possession (Correct answer)
A guarantee by a third party

Correct answer: A contract by which a debtor gives a thing to a creditor as security, with the creditor taking possession

A pledge gives the creditor possession of the thing as security for the debt.

Question 35: In Louisiana law, what does immobilization by declaration mean?

Freezing a bank account
A court order preventing sale of property
The process by which a movable is treated as an immovable through a formal declaration filed in the public records (Correct answer)
Placing a lien on property

Correct answer: The process by which a movable is treated as an immovable through a formal declaration filed in the public records

Immobilization by declaration allows certain movables to be treated as immovables by filing a declaration.

Question 36: A husband wishes to sell a piece of community immovable property. What is required for the sale to be valid?

The husband's signature alone is sufficient.
The concurrence of both spouses. (Correct answer)
The husband's signature, provided the property is titled in his name only.
A court order authorizing the sale.

Correct answer: The concurrence of both spouses.

The alienation, encumbrance, or lease of community immovable property requires the concurrence of both spouses. A sale made by one spouse without the consent of the other is a relative nullity that can be set aside by the non-concurring spouse.

Question 37: What is the notary's obligation regarding reading the act to the parties in Louisiana?

The notary has no obligation to read the act
Only the signature page must be read
Reading is only required for real estate transactions
The notary must read the act to the parties, or the parties must read it themselves, before signing (Correct answer)

Correct answer: The notary must read the act to the parties, or the parties must read it themselves, before signing

The parties must understand the document's contents before execution.

Question 38: A principal wants to grant a power of attorney that will remain effective even if he later becomes incapacitated. What specific language must be included in the document?

'This power of attorney shall not be affected by my subsequent disability or incapacity.' (Correct answer)
'This power of attorney is for healthcare decisions only.'
'This power of attorney is granted in perpetuity.'
'This power of attorney is irrevocable.'

Correct answer: 'This power of attorney shall not be affected by my subsequent disability or incapacity.'

For a power of attorney to be 'durable' and continue in effect after the principal's incapacity, the document must contain specific language to that effect. The phrase 'This power of attorney shall not be affected by my subsequent disability or incapacity' or similar wording accomplishes this goal.

Question 39: Under Louisiana law, what is the collation requirement for donations?

A requirement that donations be registered with the parish clerk
The obligation of an heir to return or account for donations received from the decedent to ensure equal sharing among heirs (Correct answer)
A tax on donations exceeding $10,000
A notarial certification of the donation

Correct answer: The obligation of an heir to return or account for donations received from the decedent to ensure equal sharing among heirs

Collation requires heirs to account for lifetime donations received from the decedent to equalize shares in the succession.

Question 40: George, a widower, dies with a valid testament. He has two children, a son, Henry (age 40), and a daughter, Irene (age 21). His estate is valued at $800,000. In his will, he leaves everything to his son, Henry. What is the maximum portion of the estate that Irene, as a forced heir, is entitled to claim?

The entirety of the estate ($800,000).
Nothing, because the testament is valid.
One-quarter of the estate ($200,000). (Correct answer)
One-half of the estate ($400,000).

Correct answer: One-quarter of the estate ($200,000).

Because Irene is 21, she is a forced heir. According to Louisiana Civil Code Article 1495, if a decedent leaves one forced heir, the forced portion (or 'legitime') is one-quarter of the estate. The remaining three-quarters is the disposable portion, which the decedent can leave to whomever he chooses.

Question 41: What does interdiction mean in Louisiana law?

A ban on certain business practices
A restriction on international travel
A court order prohibiting construction
A judicial proceeding to declare a person unable to care for themselves due to mental incapacity (Correct answer)

Correct answer: A judicial proceeding to declare a person unable to care for themselves due to mental incapacity

Interdiction is the Louisiana civil law procedure for judicially declaring a person incapable due to mental infirmity.

Question 42: Under Louisiana Civil Code Article 1833, what happens to an instrument that fails to qualify as an authentic act due to a defect in form?

The instrument automatically becomes a testament olographe
The instrument must be re-executed before a different notary to cure the defect
The instrument may still be valid as an act under private signature if signed by the parties (Correct answer)
The instrument is absolutely null and has no legal effect

Correct answer: The instrument may still be valid as an act under private signature if signed by the parties

Louisiana Civil Code Article 1833 provides that an instrument failing to qualify as an authentic act due to a defect in form may still be effective as an act under private signature duly acknowledged, provided it is signed by the parties. This 'savings' rule prevents a purely technical defect from voiding an otherwise valid agreement.

Question 43: A donation inter vivos of immovable property must be made by what type of act to be valid?

A verbal agreement with delivery of the property.
An authentic act. (Correct answer)
An act under private signature.
A certified letter to the donee.

Correct answer: An authentic act.

Under Louisiana Civil Code Article 1536, a donation inter vivos of immovable property or incorporeal things must be made by an authentic act, under the penalty of absolute nullity. An authentic act is one executed before a notary public in the presence of two witnesses.

Question 44: Which of the following individuals would be considered a forced heir under the Louisiana Civil Code?

A 30-year-old child who is permanently incapable of administering their estate due to a physical infirmity. (Correct answer)
The decedent's surviving spouse.
A 25-year-old child who is financially dependent on the decedent.
A grandchild whose parent (the decedent's child) is still living.

Correct answer: A 30-year-old child who is permanently incapable of administering their estate due to a physical infirmity.

Louisiana Civil Code Article 1493 defines forced heirs as descendants of the first degree who are either 23 years of age or younger at the time of the decedent's death, or descendants of any age who, because of mental incapacity or physical infirmity, are permanently incapable of taking care of their persons or administering their estates. Spouses and financially dependent children over 23 are not forced heirs.

Question 45: How does a durable power of attorney function in Louisiana?

It only takes effect when the principal becomes incapacitated
It automatically expires after one year
It must be renewed annually
It survives the principal's incapacity and continues in effect despite subsequent disability (Correct answer)

Correct answer: It survives the principal's incapacity and continues in effect despite subsequent disability

A durable power of attorney continues in force even if the principal becomes incapacitated.

Question 46: Three siblings, Alice, Bob, and Carol, inherit a tract of land from their parents in equal shares. What is the legal term for their form of ownership?

Usufruct
Ownership in indivision (Correct answer)
Separate property
Servitude

Correct answer: Ownership in indivision

Ownership in indivision occurs when two or more persons own the same thing in common, with each having an undivided share. The siblings each own a one-third interest in the entire tract of land, not a specific, physically divided portion of it.

Question 47: A mineral servitude is an example of:

incorporeal immovables
incorporeal immovables (Correct answer)
incorporeal immovables
incorporeal immovables

Correct answer: incorporeal immovables

In Louisiana Civil Law, property can be classified as corporeal (having a body) or incorporeal (without a body), and further as movable or immovable. A mineral servitude is a right to explore for and extract minerals from another's land. Since it is a right related to immovable property (land) but does not have a physical body itself, it is classified as an incorporeal immovable.

Question 48: Under Louisiana Civil Code, what are 'public things,' and which of the following is the most accurate description?

Things owned by private corporations but made available to the general public
Things held in indivision by more than five co-owners who have not partitioned them
Things that have been abandoned by their owners and are available for anyone to acquire
Things owned by the state or its political subdivisions and dedicated to public use, such as navigable rivers and public roads (Correct answer)

Correct answer: Things owned by the state or its political subdivisions and dedicated to public use, such as navigable rivers and public roads

Louisiana Civil Code Article 450 defines public things as those owned by the state or its political subdivisions in their capacity as public persons and dedicated to common use, including navigable rivers, the sea shore, harbors, and public roads. They are not susceptible of private ownership while so dedicated.

Question 49: Under Louisiana Civil Code Art. 1967, 'cause' in a contract is best described as:

The motive that induced a party to enter the contract
The legal basis established by statute for enforcing the agreement
The consideration exchanged between the parties
The reason why a party obligates himself (Correct answer)

Correct answer: The reason why a party obligates himself

Louisiana Civil Code Art. 1967 defines cause as 'the reason why a party obligates himself,' which differs from common-law consideration and from a party's personal motive.

Question 50: Under Louisiana law, which type of property may be encumbered by a pledge as a security device?

Only real estate located within incorporated municipalities
Movable property such as personal property and negotiable instruments (Correct answer)
Both movable and immovable property equally
Immovable property such as land and buildings

Correct answer: Movable property such as personal property and negotiable instruments

A pledge is a security device that encumbers movable property by placing it in the possession of the creditor or a third party. Immovable property, by contrast, is encumbered by a mortgage. This distinction between pledge (movables) and mortgage (immovables) is fundamental under Louisiana law.

Question 51: Under Louisiana Civil Code, when may a mandatary lawfully delegate performance of the mandate to a substitute?

Delegation is only permitted when the mandatary becomes incapacitated
A mandatary may delegate any ministerial task but never a discretionary one, without any authorization
A mandatary may always appoint a substitute, provided the substitute is notarized
A mandatary may delegate to a substitute only when expressly or impliedly authorized by the principal (Correct answer)

Correct answer: A mandatary may delegate to a substitute only when expressly or impliedly authorized by the principal

Louisiana Civil Code Article 3005 permits a mandatary to appoint a substitute only when the principal has expressly or impliedly authorized such delegation. If a mandatary appoints a substitute without authorization, the mandatary remains personally liable for the acts of that substitute.

Question 52: A married couple, domiciled in Louisiana, did not enter into a matrimonial agreement. What is their legal matrimonial regime?

Partnership of acquets and gains.
Community of acquets and gains. (Correct answer)
Universal community.
Separate property by default.

Correct answer: Community of acquets and gains.

Under Louisiana Civil Code Article 2327, the legal regime of community of acquets and gains applies to spouses domiciled in this state in the absence of a matrimonial agreement that excludes it. This means all property acquired during the marriage through the effort, skill, or industry of either spouse is presumed to be community property.

Question 53: A 'stipulation pour autrui' under Louisiana Civil Code Art. 1978 grants a third-party beneficiary:

A conditional right that expires after one year if not accepted
Only a derivative right channeled through the stipulator
No enforceable right unless the third party is named as a party to the contract
A direct right to demand performance from the promisor once the stipulation is accepted (Correct answer)

Correct answer: A direct right to demand performance from the promisor once the stipulation is accepted

Louisiana Civil Code Art. 1978 provides that once a stipulation pour autrui is accepted by the third-party beneficiary, that party acquires a direct right to demand performance from the promisor.

Question 54: Under Louisiana law, what is executory process in the context of mortgage enforcement?

An expedited judicial foreclosure procedure available when the mortgage is in authentic act form with a confession of judgment (Correct answer)
A mediation procedure
An out-of-court settlement process
A standard civil lawsuit for money damages

Correct answer: An expedited judicial foreclosure procedure available when the mortgage is in authentic act form with a confession of judgment

Executory process allows faster foreclosure because the authentic act waives certain debtor defenses.

Question 55: Which of the following correctly describes the legal effect of a notarial act in Louisiana?

It provides prima facie evidence of the agreement (Correct answer)
It creates legal obligations regardless of the parties' intent
It is only a ceremonial document with no legal effect
It invalidates all previous contracts between the parties

Correct answer: It provides prima facie evidence of the agreement

In Louisiana, a notarial act carries significant legal weight, providing a high degree of reliability to agreements. When a document is executed before a notary, it is considered an authentic act, which provides prima facie evidence of the agreement's contents and the parties' signatures. This means the facts stated in the act are presumed true until proven otherwise, making it difficult to challenge.

Question 56: When a usufruct is established over a piece of property, the owner of the property retains what is known as:

Servitude
Naked ownership (Correct answer)
Full ownership
Precarious possession

Correct answer: Naked ownership

When a usufruct is created, the full ownership is divided. The usufructuary gets the rights of use (usus) and fruits (fructus), while the original owner retains the right to dispose of the property (abuses), subject to the usufruct. This remaining right is called naked ownership.

Question 57: What is a disguised donation under Louisiana civil law?

A gift made through an intermediary for tax purposes
A donation to a trust
A gratuitous transfer made in the form of an onerous contract to conceal the true nature of the transaction (Correct answer)
A donation made anonymously

Correct answer: A gratuitous transfer made in the form of an onerous contract to conceal the true nature of the transaction

A disguised donation uses the form of an onerous contract to hide the gratuitous nature of the transfer.

Question 58: A principal executes a power of attorney and has it recorded in the public records. To effectively revoke this mandate with respect to third parties who may rely on the public record, the principal must:

Simply notify the agent orally that he is fired.
Publish a notice of revocation in the local newspaper.
Send a certified letter to the agent.
File a written revocation in the same public records where the mandate was recorded. (Correct answer)

Correct answer: File a written revocation in the same public records where the mandate was recorded.

While notice to the agent can terminate the agent's authority as between the principal and agent, it does not protect the principal from third parties who may rely on a recorded power of attorney. To terminate the mandate's effect as to third parties, the revocation must also be recorded in the same office where the original mandate was recorded.

Question 59: Under Louisiana law, what is a conventional mortgage?

A mortgage imposed by operation of law
A mortgage created by government regulation
A mortgage created by agreement between the mortgagor and mortgagee to secure a debt (Correct answer)
A mortgage created by court order

Correct answer: A mortgage created by agreement between the mortgagor and mortgagee to secure a debt

A conventional mortgage is created by contract between the parties.

Question 60: A notary is handling a succession for a decedent who owned immovable property in three different parishes. What recording requirements must be met?

Recording in one parish is sufficient
No recording is needed
The judgment of possession must be recorded in each parish where the decedent owned immovable property (Correct answer)
Only the parish of domicile requires recording

Correct answer: The judgment of possession must be recorded in each parish where the decedent owned immovable property

The judgment must be recorded in every parish where the decedent owned immovable property.

Question 61: A Louisiana notary preparing a judgment of possession must identify heirs and legatees. Which document establishes the legal existence of a universal legatee named in a notarial testament?

The probated and executed notarial testament itself, along with a petition for possession (Correct answer)
A certified copy of the decedent's death certificate filed with the clerk of court
A small succession affidavit signed by two disinterested witnesses
A collation agreement signed by all forced heirs

Correct answer: The probated and executed notarial testament itself, along with a petition for possession

The notarial testament, once the court orders it executed (probated), establishes the legatee's rights. The petition for possession and the judgment of possession together transfer title. A death certificate alone does not establish legatee status.

Question 62: A donation inter vivos is a contract by which a person gratuitously divests himself, at present and irrevocably, of the thing given in favor of another who accepts it. Which element is essential for its validity?

The donor must be terminally ill.
The act must be recorded within 24 hours.
The donee must pay a nominal fee.
The donor's present intent to give and irrevocable divestment of the thing. (Correct answer)

Correct answer: The donor's present intent to give and irrevocable divestment of the thing.

A donation inter vivos is a present transfer of ownership that is irrevocable. The donor must intend to divest themselves of the property immediately and permanently, and this distinguishes it from a donation mortis causa, which takes effect at death.

Question 63: What is the prescriptive period for an action to revoke a donation on grounds of ingratitude in Louisiana?

Five years from the donation
One year from the day the donor knew or should have known of the act of ingratitude (Correct answer)
Three years from the donation
Six months from discovery of the ingratitude

Correct answer: One year from the day the donor knew or should have known of the act of ingratitude

The action for revocation based on ingratitude must be brought within one year from knowledge of the act.

Question 64: Andre and Beatrice have been married for 10 years under the legal regime of community of acquets and gains. They decide they want to switch to a separation of property regime. According to the Louisiana Civil Code, what is required for them to validly terminate their community property regime during the marriage?

They only need to verbally agree in the presence of two witnesses and a notary.
They must file a joint petition and obtain a court finding that the agreement serves their best interests. (Correct answer)
They can simply file a document with the clerk of court in their parish of domicile.
They must execute an authentic act before a notary and two witnesses.

Correct answer: They must file a joint petition and obtain a court finding that the agreement serves their best interests.

Louisiana Civil Code Article 2329 states that spouses may terminate a matrimonial regime during marriage 'only upon joint petition and a finding by the court that this serves their best interests and that they understand the governing principles and rules.' Merely executing an authentic act is sufficient before marriage, but not to terminate the regime during the marriage.

Question 65: Under Louisiana Civil Code Arts. 2025–2026 (simulation), what is the general effect of a simulated contract between the parties?

Between the parties, the true agreement prevails; third parties in good faith may rely on the simulated contract (Correct answer)
Only the notarized version of the agreement is enforceable
The simulated contract is enforceable and the hidden agreement is void
Both the simulated contract and the true agreement are absolutely null

Correct answer: Between the parties, the true agreement prevails; third parties in good faith may rely on the simulated contract

Louisiana Civil Code Art. 2025 provides that a simulated contract has no effect between the parties, and Art. 2026 protects third parties acting in good faith by allowing them to rely on the simulated contract.

Question 66: Which Louisiana Civil Code article governs the lesion beyond moiety doctrine in sales of immovable property?

Article 2589 (Correct answer)
Article 1965
Article 2439
Article 2021

Correct answer: Article 2589

Louisiana Civil Code Article 2589 provides that a seller of immovable property may rescind the sale if the price is less than one-half of the fair market value.

Question 67: Under Louisiana law, what rights does a usufructuary have regarding the property subject to usufruct?

The right to use the property and enjoy its fruits while preserving its substance (Correct answer)
The right to sell the property
The right to destroy the property
No rights beyond the right to live on the property

Correct answer: The right to use the property and enjoy its fruits while preserving its substance

The usufructuary can use the property and collect its fruits but must preserve the substance.

Question 68: Under Louisiana law, on which of the following grounds may a donor successfully seek revocation of a donation inter vivos for ingratitude?

The donee attempted to take the life of the donor (Correct answer)
The donee committed a serious crime against a stranger
The donee sold the donated property to a third party for profit
The donee failed to mention the donor's generosity publicly

Correct answer: The donee attempted to take the life of the donor

La. C.C. Art. 1560 permits revocation of a donation inter vivos for ingratitude when the donee has attempted to take the donor's life, committed cruel treatment or grievous injuries against the donor, or has refused to provide the donor with food when the donor was in necessity. Alienation of the gift or failure to express gratitude are not recognized grounds.

Question 69: Under Louisiana law, what is a judicial separation of property?

Division of property after death
A property tax exemption for separated couples
A legal separation preceding divorce
A court action by one spouse to terminate the community regime during the marriage due to the other spouse's mismanagement (Correct answer)

Correct answer: A court action by one spouse to terminate the community regime during the marriage due to the other spouse's mismanagement

Judicial separation of property allows a spouse to terminate the community regime during marriage if the other spouse's mismanagement threatens community interests.

Question 70: Under Louisiana Civil Code, what is a mandate?

A notarial certificate
A contract by which a person confers authority on another to transact affairs on the principal's behalf (Correct answer)
A court order requiring specific action
A legislative directive

Correct answer: A contract by which a person confers authority on another to transact affairs on the principal's behalf

A mandate is a contract of representation where the principal authorizes the mandatary to act on their behalf.

Question 71: Under Louisiana Civil Code, which type of error can vitiate consent and allow rescission of a contract?

Error only when the other party induced the error by fraud
Error of motive only when the motive was expressed in the contract
Error that concerns a cause of the obligation and is excusable (Correct answer)
Any error of law or fact, regardless of its importance

Correct answer: Error that concerns a cause of the obligation and is excusable

Louisiana Civil Code Art. 1949 provides that error vitiates consent only when it concerns a cause of the obligation and is excusable — trivial or inexcusable errors do not invalidate a contract.

Question 72: How does Louisiana law handle the concept of solidarity among obligors?

Solidarity only applies in criminal law
Each solidary obligor can be held liable for the entire obligation, with rights of contribution among co-obligors (Correct answer)
Each obligor is liable only for their proportionate share
Solidary obligations cannot be contracted voluntarily

Correct answer: Each solidary obligor can be held liable for the entire obligation, with rights of contribution among co-obligors

Solidary obligors are each liable for the whole debt; the obligee may demand full performance from any one of them.

Question 73: What is separate property under Louisiana's community property regime?

Property acquired by a spouse before marriage, or during marriage by donation or inheritance, or by exclusive separate funds (Correct answer)
Property owned by a single person who is not married
All property titled in one spouse's name only
Property in a separate bank account

Correct answer: Property acquired by a spouse before marriage, or during marriage by donation or inheritance, or by exclusive separate funds

Separate property includes pre-marriage property, inheritances, donations to one spouse, and property acquired with separate funds.

Question 74: What is the primary distinction between an act under private signature duly acknowledged and a true authentic act in Louisiana?

An authentic act cannot be used to transfer title to immovable property, but an act under private signature can
In an act under private signature, the notary does not witness the actual signing but only certifies the later acknowledgment of the signature (Correct answer)
An act under private signature requires more witnesses than an authentic act
An act under private signature has greater evidentiary weight in Louisiana courts than an authentic act

Correct answer: In an act under private signature, the notary does not witness the actual signing but only certifies the later acknowledgment of the signature

The critical distinction is presence at signing. In an authentic act, the parties sign in the simultaneous presence of the notary and witnesses. In an act under private signature duly acknowledged, the parties sign the document beforehand and later appear before the notary only to acknowledge those pre-existing signatures — the notary never witnessed the original signing.

Question 75: Under Louisiana law, what happens if an authentic act lacks one of the required formalities?

The notary must re-execute within 30 days
The act may still be valid as an act under private signature if signed by the parties (Correct answer)
The court can cure the defect
The act is completely void

Correct answer: The act may still be valid as an act under private signature if signed by the parties

A defective authentic act may still serve as a private writing, but loses its enhanced evidentiary status.

Question 76: To acquire ownership of an immovable through 30-year acquisitive prescription, a possessor must have possession that is:

Continuous, uninterrupted, peaceable, public, and unequivocal. (Correct answer)
Only for a portion of the property claimed.
In good faith and with just title.
Intermittent and with the owner's permission.

Correct answer: Continuous, uninterrupted, peaceable, public, and unequivocal.

Thirty-year acquisitive prescription does not require good faith or just title. However, the possessor must prove possession that is continuous, uninterrupted, peaceable, public, and unequivocal for the entire 30-year period to acquire ownership.

Question 77: Under Louisiana law, what is the evidentiary effect of an authentic act?

It constitutes full proof of the agreement it contains against the parties and against third persons (Correct answer)
It is treated the same as a private writing
It is only evidence if notarized and sealed
It has no special evidentiary value

Correct answer: It constitutes full proof of the agreement it contains against the parties and against third persons

An authentic act has enhanced evidentiary effect, constituting full proof.

Question 78: Under Louisiana law, what is a trust and how does it differ from the civilian tradition?

Louisiana does not recognize trusts
Only banks can serve as trustees
Louisiana adopted the Trust Code as a statutory exception to civilian tradition, allowing property transfer to a trustee for beneficiaries (Correct answer)
Trusts in Louisiana are identical to common law trusts

Correct answer: Louisiana adopted the Trust Code as a statutory exception to civilian tradition, allowing property transfer to a trustee for beneficiaries

Louisiana adopted trusts by statute, adapting the common law concept to fit within its civilian framework.

Question 79: Under Louisiana law, at what minimum age does a person have the legal capacity to execute a valid testament?

Any age, provided the person is not interdicted
21 years of age
18 years of age (Correct answer)
16 years of age

Correct answer: 18 years of age

Under Louisiana law, a person must be at least 18 years of age and of sound mind to have the capacity to make a testament. Persons under 18 or those who have been interdicted (fully) generally lack testamentary capacity.

Question 80: An affidavit can be made valid by a witness acknowledgement.

Bylaws
false (Correct answer)
he/she can be fined $200 risks liability because of the effects of the public record doctrine
intestate

Correct answer: false

An affidavit is a sworn written statement, and its validity hinges on the affiant (the person making the statement) taking an oath or affirmation before a notary or other authorized official. While a witness might observe the signing, their acknowledgment alone does not make the affidavit valid. The essential component is the affiant's sworn declaration, attested to by the notary.

Question 81: Under Louisiana law, what is required for spouses who have been married for more than one year to modify or terminate their matrimonial regime?

A sworn affidavit filed with the clerk of court in both spouses' home parishes
A written notarial act signed by both spouses is sufficient
A joint petition to a court and a judicial finding that the change serves their best interests (Correct answer)
Approval from the Louisiana Secretary of State's office

Correct answer: A joint petition to a court and a judicial finding that the change serves their best interests

Under La. C.C. art. 2329, after the first year of marriage spouses may modify or terminate their matrimonial regime only upon joint petition and a court finding that the change serves their best interests and that both spouses understand the governing rules.

Question 82: Which of the following persons is DISQUALIFIED from serving as a witness to an authentic act in Louisiana?

A person who is employed at the same law firm as the drafting attorney
A person who is 18 years of age and a U.S. citizen
A person who is a resident of a different Louisiana parish than the notary
A person who is named as a beneficiary in the instrument being executed (Correct answer)

Correct answer: A person who is named as a beneficiary in the instrument being executed

Louisiana law requires witnesses to an authentic act to be 'competent,' meaning they must be disinterested parties. A person who stands to gain from the instrument—such as a named beneficiary—is an interested party and therefore legally incompetent to serve as a witness, as their testimony would not be impartial.

Question 83: Under Louisiana Civil Code, what standard of care is required of a usufructuary in managing property subject to usufruct?

The usufructuary has no affirmative duty to maintain or preserve the property
The usufructuary must manage the property as a prudent administrator (Correct answer)
The usufructuary must manage the property as an absolute owner with no restrictions
The usufructuary must manage the property exactly as the naked owner directs

Correct answer: The usufructuary must manage the property as a prudent administrator

Louisiana Civil Code Article 579 requires the usufructuary to use the thing as a prudent administrator, preserving its substance and not impairing the rights of the naked owner. This standard protects the naked owner's ultimate interest in recovering the property.

Question 84: Under Louisiana law, what is the 'legitime' as it relates to forced heirs?

The minimum portion of the estate that must be left to forced heirs and cannot be taken away by testament (Correct answer)
The total value of the decedent's separate property at the time of death
The share of the estate reserved exclusively for the surviving spouse
The portion of the estate that a testator may freely dispose of to any legatee

Correct answer: The minimum portion of the estate that must be left to forced heirs and cannot be taken away by testament

The legitime is the portion of a deceased's estate that forced heirs are entitled to by law and that a testator cannot deprive them of through a testament. It represents a restriction on testamentary freedom to protect certain descendants.

Question 85: A donor makes a lifetime gift that infringes upon the legitime (forced portion) of his forced heirs. What action can the forced heirs take upon the donor's death?

They can sue the donee for damages.
They have no recourse as the donation was made during the donor's lifetime.
They can have the entire donation nullified.
They can demand a reduction of the excessive donation to the extent it impinges on their legitime. (Correct answer)

Correct answer: They can demand a reduction of the excessive donation to the extent it impinges on their legitime.

Any donation inter vivos that exceeds the portion of which the donor can legally dispose of to the prejudice of his forced heirs is not null, but only reducible to that portion. Upon the donor's death, the forced heirs can bring an action to reduce the excessive donation to restore their legitime.

Question 86: Under Louisiana's civilian methodology, what is the primary source of law that courts must apply?

Legal doctrine and scholarly commentary
Legislation and the Civil Code (Correct answer)
Custom and usage
Judicial precedent from higher courts

Correct answer: Legislation and the Civil Code

In Louisiana's civil law tradition, legislation including the Civil Code is the primary source of law.

Question 87: What is the public records doctrine and its significance in Louisiana mortgage law?

A transparency rule for government agencies
A requirement that all property must be publicly listed for sale
The principle that third parties are affected only by interests properly recorded in the public records (Correct answer)
A rule that all court proceedings must be public

Correct answer: The principle that third parties are affected only by interests properly recorded in the public records

The public records doctrine means rights in immovable property are effective against third parties only when properly recorded.

Question 88: Under Louisiana Civil Code, which of the following is NOT a requirement for a valid olographic testament?

It must be dated
It must be signed by the testator
It must be witnessed by two persons (Correct answer)
It must be entirely written in the testator's handwriting

Correct answer: It must be witnessed by two persons

An olographic testament requires only the testator's handwriting, date, and signature -- no witnesses are needed.

Question 89: Under Louisiana Civil Code, what is a predial servitude?

A right of an heir to receive immovable property at the owner's death
A mortgage placed on agricultural land to secure a debt
A charge on a servient estate for the benefit of a dominant estate owned by a different person (Correct answer)
A personal right granted to a named individual to use another person's immovable

Correct answer: A charge on a servient estate for the benefit of a dominant estate owned by a different person

Louisiana Civil Code Article 646 defines a predial servitude as a charge imposed on one estate (the servient estate) for the benefit of another estate (the dominant estate) belonging to a different owner. It attaches to the land, not to any specific individual.

Question 90: Scenario: Kevin wants to appoint his brother, Michael, to handle his financial affairs in case he becomes incapacitated. <br> What type of document should the notary prepare to meet Kevin's needs?

An Affidavit of Heirship
A Health Care Proxy
A Living Will
A General Power of Attorney (Correct answer)

Correct answer: A General Power of Attorney

The primary purpose of a partition is to terminate co-ownership (indivision) of property. It allows co-owners to divide property held in common, transforming their fractional, undivided interests into individual, distinct ownership of specific physical portions or shares. This process clarifies and perfects each co-owner's title, eliminating shared ownership of the whole.

Question 91: Under Louisiana law, what is a 'universal legacy'?

A legacy that grants the legatee a specific item of property from the estate
A legacy that grants the legatee all or the remainder of the estate (Correct answer)
A legacy that grants the legatee all immovable property located in Louisiana
A legacy that grants the legatee a fraction or percentage of the estate

Correct answer: A legacy that grants the legatee all or the remainder of the estate

A universal legacy is a testamentary disposition by which the testator gives to one or more persons all or the remainder of his estate after payment of particular legacies. It is the broadest form of legacy under Louisiana law.

Question 92: A person sells an immovable property to a buyer on credit, but the act of sale does not explicitly create a mortgage. What security device automatically arises in favor of the seller to secure the unpaid portion of the purchase price?

A right of redemption
A judicial mortgage
A chattel mortgage
A vendor's privilege (Correct answer)

Correct answer: A vendor's privilege

The vendor's privilege, or seller's lien, is a privilege granted by law on movable or immovable property to secure the unpaid purchase price. For it to be effective on an immovable against third parties, the act of sale must be recorded and must state the amount of the unpaid price.

Question 93: What is the primary legal effect of an Authentic Act in Louisiana?

It serves as prima facie evidence of its contents, meaning it is considered self-proving. (Correct answer)
It requires a judge's signature to be legally binding.
It must be renewed every five years to maintain its validity.
It can only be prepared by a licensed attorney.

Correct answer: It serves as prima facie evidence of its contents, meaning it is considered self-proving.

An authentic act is self-proving and constitutes full proof of the agreement it contains. It is presumed to be valid on its face and is admissible as evidence without further proof of its execution. While some notaries are attorneys, Louisiana notaries have broader powers than in other states and can prepare many authentic acts themselves.

Question 94: How does Louisiana civil law classify things (property)?

Public and private only
Real property and personal property
Movables and immovables (Correct answer)
Tangible and intangible only

Correct answer: Movables and immovables

Louisiana follows the civilian classification of things as movables and immovables, rather than the common law distinction.

Question 95: In a Louisiana succession, what is the primary purpose of a 'descriptive list' (formerly called an inventory) prepared by the notary?

To identify and value all assets and liabilities of the succession estate for distribution and creditor purposes (Correct answer)
To establish the decedent's domicile for choice-of-law purposes
To record the testator's intent regarding specific bequests of personal property
To certify that forced heirs have waived their legitime

Correct answer: To identify and value all assets and liabilities of the succession estate for distribution and creditor purposes

The descriptive list catalogues and values all succession assets and liabilities, enabling proper distribution to heirs and payment of creditors. It is a practical accounting tool — not a testament interpretation document — and protects both heirs and creditors by creating a transparent record.

Question 96: A usufruct is granted to Jean over a piece of property for the duration of his life. Which of the following events will NOT terminate the usufruct?

The death of Jean, the usufructuary.
Jean's express written renunciation of the usufruct.
The sale of the property by the naked owner. (Correct answer)
The total and permanent destruction of the property.

Correct answer: The sale of the property by the naked owner.

A usufruct is a real right that encumbers the property. The sale of the property by the naked owner does not terminate the usufruct; the new owner acquires the property subject to the existing usufruct. The usufruct terminates upon the death of the usufructuary, destruction of the property, or renunciation by the usufructuary.

Question 97: The two types of private trusts in Louisiana law are:

ordinary and class (Correct answer)
certificate of incorporation.
immovable by declaration
certificate of organization.

Correct answer: ordinary and class

Louisiana law recognizes specific types of private trusts to allow for flexible estate planning and asset management. The two main categories of private trusts in Louisiana are ordinary trusts and class trusts. These classifications dictate how beneficiaries are identified and how the trust assets are managed and distributed.

Question 98: Under Louisiana law, what is a building restriction?

A building permit requirement
A government zoning regulation
A charge imposed on an immovable by a private party restricting the use of the property for the benefit of other property or a community (Correct answer)
A construction safety code

Correct answer: A charge imposed on an immovable by a private party restricting the use of the property for the benefit of other property or a community

Building restrictions are private charges that limit property use, commonly found in subdivisions.

Question 99: A notary discovers a material error in an authentic act after it has been signed and recorded. What is the proper procedure?

Prepare a corrective act executed by the same parties, referencing the original act (Correct answer)
File a lawsuit to correct the error
Ignore the error since the act is already recorded
Simply make a correction on the original document

Correct answer: Prepare a corrective act executed by the same parties, referencing the original act

Errors in recorded authentic acts are corrected by executing a separate corrective act.

Question 100: 'Legal subrogation' under Louisiana Civil Code Art. 1829 occurs when:

The debtor and creditor agree in writing to substitute a new creditor
The creditor expressly assigns his right to a third party who pays the debt
Subrogation takes place by operation of law without the creditor's agreement (Correct answer)
A court orders the transfer of the creditor's rights to satisfy a judgment

Correct answer: Subrogation takes place by operation of law without the creditor's agreement

Louisiana Civil Code Art. 1829 enumerates specific situations where subrogation occurs by operation of law (legal subrogation), as distinguished from conventional subrogation that requires an express agreement.

Louisiana Notary Public Exam

The Louisiana Notary Public Examination certifies candidates to serve as notaries public in Louisiana, testing practical comprehension of Louisiana notarial law including authentic acts, successions, property, and civil law.

100

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240 min

Time Limit

70%

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