LA Notary - Louisiana Notary Exam Donations Inter Vivos and Mortis Causa 1

Question 1

Under Louisiana law, which of the following persons has the legal capacity to make a donation inter vivos?

Accepted Answer

An emancipated minor

Answer

An emancipated minor acquires full civil capacity under Louisiana law and may make donations inter vivos. Persons under full interdiction lack the legal capacity to make donations, as capacity requires sound mind and the absence of interdiction under La. C.C. Art. 1470.

Question 2

Under Louisiana law, what is a 'manual gift' and how does it differ from the general rule for donations inter vivos?

Accepted Answer

A donation of a corporeal movable made by actual delivery, without the need for a notarial act

Answer

La. C.C. Art. 1539 provides an exception to the notarial act requirement: a corporeal movable may be donated by a manual gift, accomplished through actual physical delivery of the thing to the donee, with no formal act required.

Question 3

For a donation inter vivos to be valid and effective under Louisiana law, when must the donee's acceptance occur?

Accepted Answer

During the lifetime of both the donor and the donee

Answer

Under La. C.C. Art. 1544, a donation inter vivos has no effect unless accepted by the donee, and the acceptance must take place during the lifetime of both the donor and the donee. A post-death acceptance renders the transaction void as a donation inter vivos.

Question 4

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

Accepted Answer

The donee attempted to take the life of the donor

Answer

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 5

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?

Accepted Answer

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

Answer

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.

LA Notary - Louisiana Notary Exam Practice Test

LA Notary - Louisiana Notary Exam Practice Test

LA Notary - Louisiana Notary Exam Donations Inter Vivos and Mortis Causa 1