Civil Code Flashcards

True about a notary:

Answer: Need to have a $10,000 bond Commissioned by governor for life Supervised by district court is a public official

Louisiana notaries are unique public officials with broad powers, commissioned for life by the governor. They are required to have a $10,000 bond to protect the public from potential errors or misconduct. As public officials, they are supervised by the district court and play a crucial role in authenticating documents and transactions within the state's civil law system.

The two types of private trusts in Louisiana law are:

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.

An affidavit can be made valid by a witness acknowledgement.

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.

The prescriptive period for acts or omissions of notaries that cause damage (negligence in preparation of documents) is:

Answer: one year from the act or omission or one year from date of discovery of act/omission, but not more than three years from date of act/omission.

Louisiana law establishes specific prescriptive periods for legal actions, including those against notaries for negligence. The prescriptive period for acts or omissions of notaries that cause damage is one year from the date of the act or omission, or one year from the date of discovery of the act or omission. However, this period is capped at a maximum of three years from the date of the act or omission, providing a definitive limit for liability.

A mineral servitude is an example of:

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.