Mixed Deck — All LA NOTARY Topics Flashcards

Under Louisiana law, how does a testator revoke a testament?

Answer: By executing a new testament that expressly revokes the prior one, or by making a subsequent testament with irreconcilable provisions

Revocation requires a new testament or one with inconsistent provisions.

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?

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.

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

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.

Under Louisiana Civil Code, how does a usufruct of consumables (quasi-usufruct) differ from an ordinary usufruct?

Answer: The usufructuary may consume the things but must return items of the same quantity, quality, and value at termination

Louisiana Civil Code Article 536 provides that when a usufruct covers consumable things such as money or food, the usufructuary may consume them but must restore things of the same quantity, quality, and value, or their value if restoration in kind is impossible, at the end of the usufruct.

Under Louisiana law, which of the following transactions requires an authentic act executed before a notary and two witnesses to be valid?

Answer: A matrimonial agreement establishing a separate property regime

La. Civ. Code art. 2331 requires that a matrimonial agreement be made by authentic act, which under La. Civ. Code art. 1833 requires a notary and two witnesses. This formality is mandatory for the agreement to be enforceable.

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

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.

What is the purpose of a partition?

Answer: To do away with fractional ownership and to make perfect each co-owner's title or ownership in individual physical shares.

When partition in kind (physical division) is legally excluded, such as when the property cannot be conveniently divided without a significant loss in value, the law provides for partition by licitation. This means the property is sold, often through a public sale like a sheriff's sale. The proceeds from this sale are then divided among the co-owners according to their respective ownership shares.

A clause in a mortgage that allows the mortgagee to foreclose on the property without making a subsequent owner a party to the lawsuit is called:

Answer: A pact de non alienando

A pact de non alienando is a contractual agreement by which the mortgagor agrees not to sell or encumber the mortgaged property to the prejudice of the mortgagee. This allows the mortgagee to proceed with foreclosure via executory process directly against the original mortgagor, even if the property has been sold to a third party.

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

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.

Under Louisiana law, what is a legal mortgage?

Answer: A mortgage that arises by operation of law without a contract, such as a vendor's lien or a tax lien

Legal mortgages arise automatically by operation of law in certain situations.

What is a disguised donation under Louisiana civil law?

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.

A married couple wants to change from community property to separation of property during their marriage. What must the notary do?

Answer: Prepare a matrimonial agreement that must be approved by the court upon joint petition, and file it in the public records

Changing the regime during marriage requires court approval and public filing.

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

Answer: An emancipated minor

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.

In Louisiana law, what does immobilization by declaration mean?

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.

What is another term for a donation mortis causa?

Answer: A last will and testament.

A donation mortis causa is an act to take effect at the death of the donor by which he disposes of the whole or a part of his property. This act is revocable during the lifetime of the donor and is commonly known as a last will and testament.

What does paraph mean in Louisiana notarial practice?

Answer: The notary's initials or mark placed on each page of a multi-page document to ensure completeness

A paraph is the notary's initials or mark placed on each page to authenticate multi-page documents.

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

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.

What is accession in Louisiana property law?

Answer: The principle that the owner of a thing becomes the owner of everything produced by or united to that thing

Accession gives the owner ownership of what is produced by or attached to their property.

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

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.

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

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.