Authentic Acts and Jurat Flashcards
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Read the first 6 Authentic Acts and Jurat flashcards as text
According to Louisiana Civil Code Article 1833, which of the following is an essential requirement for a writing to be considered an Authentic Act?
Answer: The act must be signed by the parties, a notary public, and two witnesses.
Louisiana Civil Code Article 1833 defines an authentic act as a writing executed before a notary public in the presence of two witnesses, and signed by each party, each witness, and the notary public. The law explicitly states that the act does not need to be executed at one time or place.
A document is presented to a Louisiana Notary for a jurat. Which action is mandatory for the notary to perform?
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.
Mr. Boudreaux needs to execute a donation of immovable property to his son, an act which Louisiana law requires to be in authentic form. He signs the act before a notary and two witnesses in Lafayette. His son, who is in New Orleans, signs the same document the next day before a different notary and two different witnesses. Which of the following is true regarding the status of the act?
Answer: The act qualifies as an Authentic Act provided all signature and witness requirements were met at each location.
Louisiana Civil Code Article 1833(B) explicitly states that a writing does not need to be executed at one time or place, or before the same notary public or in the presence of the same witnesses, to be an authentic act. As long as each party executes the document before a notary and two witnesses, the requirements are met.
What is the primary legal effect of an Authentic Act in Louisiana?
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.
A key difference between an acknowledgment and a jurat in Louisiana is that for a jurat, the signer must:
Answer: Sign the document in the physical presence of the notary.
For a jurat, the notary must witness the signer executing the document. The purpose is for the signer to swear or affirm to the truthfulness of the document's contents, which includes the act of signing. For an acknowledgment, the signer can sign the document beforehand and then appear before the notary to acknowledge their signature.
Which of the following documents in Louisiana law MUST be in the form of an Authentic Act to be valid?
Answer: A last will and testament (notarial testament).
Louisiana law requires certain documents to be executed as an Authentic Act to be valid. A prime example is a notarial testament (will), which must be executed before a notary and two witnesses to be legally effective. Other listed agreements do not have this strict formal requirement.