LA Notary Civil Code 2 — Questions and Answers
Question 1: Under Louisiana Civil Code, which type of obligation arises when a party is bound to perform without any corresponding obligation from the other party?
- Bilateral obligation
- Unilateral obligation (Correct answer)
- Conditional obligation
- Natural obligation
Correct answer: Unilateral obligation
A unilateral obligation binds only one party to perform, unlike a bilateral obligation where both parties have reciprocal duties.
Louisiana Civil Code Article 1907 defines obligations as bilateral or unilateral. A unilateral obligation is one in which only one party is obligated to perform. A common example is a donation, where the donor gives but the donee has no reciprocal obligation.
Question 2: In Louisiana law, what is the prescriptive period for a personal action that is not otherwise provided for by legislation?
- One year
- Five years
- Ten years (Correct answer)
- Thirty years
Correct answer: Ten years
Under Louisiana Civil Code Article 3499, personal actions not otherwise provided for prescribe in ten years.
Louisiana Civil Code Article 3499 establishes a ten-year prescriptive period as the default for personal actions. For comparison, delictual actions prescribe in one year (Art. 3492), and actions on negotiable instruments prescribe in five years.
Question 3: Which of the following correctly describes a predial servitude under Louisiana Civil Code?
- A personal right granted to an individual to use another's property
- A charge on an estate for the benefit of another estate (Correct answer)
- A lease agreement between two property owners
- A restriction imposed by a homeowners association
Correct answer: A charge on an estate for the benefit of another estate
A predial servitude is a charge on a servient estate for the benefit of a dominant estate, not a personal right.
Under Louisiana Civil Code Article 646, a predial servitude is a charge on a servient estate for the benefit of a dominant estate. Unlike personal servitudes (such as usufruct), predial servitudes attach to the land itself and pass with ownership.
Question 4: Under Louisiana law, what happens to a testament (will) that has been revoked?
- It can be automatically revived by destroying the revoking instrument
- It can only be revived by making a new testament with the same provisions (Correct answer)
- Revocation is irrevocable under all circumstances
- It is revived if the testator remarries
Correct answer: It can only be revived by making a new testament with the same provisions
A revoked testament is not revived by the revocation of the revoking testament; a new testament must be executed.
Louisiana Civil Code Article 1610 provides that a revoked testament is not revived by the mere revocation of the revoking testament. If a testator wants to reinstate provisions from a previously revoked will, they must execute a new testament containing those provisions.
Question 5: What is the Louisiana Civil Code term for the right of a surviving spouse to claim a portion of the deceased spouse's estate?
- Forced heirship
- Usufruct over the marital portion
- Marital portion (Correct answer)
- Community settlement
Correct answer: Marital portion
The marital portion is a right granted to a surviving spouse in necessitous circumstances to claim a share of the deceased spouse's estate.
Louisiana Civil Code Articles 2432-2437 establish the marital portion, which allows a surviving spouse who is in necessitous circumstances to claim a portion of the deceased spouse's estate.
Question 6: Under Louisiana Civil Code, which of the following is NOT a requirement for a valid olographic testament?
- It must be entirely written in the testator's handwriting
- It must be dated
- It must be signed by the testator
- It must be witnessed by two persons (Correct answer)
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.
Louisiana Civil Code Article 1575 specifies that an olographic testament must be entirely written, dated, and signed in the handwriting of the testator. No witnesses or notarization are required.
LA Notary Civil Code 2
Under Louisiana Civil Code, which type of obligation arises when a party is bound to perform without any corresponding obligation from the other party?