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LA Notary > (10) Donation > Flashcards

(10) Donation Flashcards

(87 cards)

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1
Q

Donations in LA can be made in two ways. What are they? Explain each.

A

Inter vivos - donation made during the life of a person and intended to have effect immediately

mortis causa - donation made in contemplation of death intended to take effect upon the downer’s death

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2
Q

True or false? In Louisiana the ONLY way in which prperty may be acquired gratuitously, without payment or cause, is via inter vivos or mortis causa.

A

True

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3
Q

In the case of an inter vivos donation, the donor of the property is divested of the property _______ and _______. (when)

A

presently and immediately

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4
Q

True or false? An act purporting to donate property int he future, unless it is a donation mortis causa, is null and void as a donation.

A

true

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5
Q

If control of, or access to, the property is maintained by the donor in the act of donation, it is……

A

not a valid donation

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6
Q

Is a donation of the naked ownership of movable property, reserving the usufruct to the donor a valid donation? Why or why not?

What about immovable property?

A

No, because the control of the property remains with the donor

There is ambiguity in the law, but since the law was last revised in this specific regard to uphold the validity of the donations, it can be valid

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7
Q

Are donations inter vivos subject to revocation?

A

Yes, under limited circumstances

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8
Q

Are donations mortis causa subject to revocation before the donor’s death?

What about after death?

A

Yes

No

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9
Q

Can donations be subject to a right of return?

A

Yes

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10
Q

May the charge or condition placed on a donation divest the donee of the property and deliver it to another upon either the occurrence or failure of a condition imposed? Why or why not?

A

No, because it constitutes a prohibited substitution

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11
Q

In the event the donee violates the condition, the sole remedy is…..

A

the dissolution of the donation and the return of the property to the donor or his descendants.

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12
Q

Not all instruments purporting to be donations are subject to the ordinary rules of donations. Give two examples.

A

onerous and remunerative donations

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13
Q

Although the civil code refers to onerous and remunerative donations as donations, the law treats them as……

A

ordinary contracts

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14
Q

If the cost of value of an imposted charge or conditions equals or exceeds two thirds of the value of the thing donated, the donation is a(n) ________ donation.

A

Onerous

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15
Q

Donations made to compensation for services the donee rendered in the past are _________donations

A

Remunerative donations

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16
Q

If the value of services equals or exceeds 2/3 of the value of the property donated, the donation is a(n)____________ donation and (is/is not) subject to the ordinary rules of donations.

A

remunerative donations

is not

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17
Q

True or false? For a donation to be considered remunerative, the donor must owe a debt for services to the donee at the time of execution of the instrument.

A

True

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18
Q

Are donations undertaken to provide services in the future to clear a debt remunerative, ordinary or onerous?

A

Onerous

page 127

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19
Q

What is the primary difference between an onerous donation and a remunerative donation is…..

A

payment for an obligation undertaken but not yet performed by the donee.

Pg 127

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20
Q

Are donations found to be remunerative or onerous subject to the rules of ordinary donations? Why or why not?

A

No, the rules applicable to ordinary contracts apply because they are not merely gratuitous and therefore are not considered to be true donations

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21
Q

In the event that a donation intended to compensate for a donee for services (whole or part) rendered in the past, where the value of the services rendered or the sum of money extinguished is not sated in the instrument as being equal or exceeding by two thirds or more of the value of the thing donated, what form should be used and why?

A

the form for gratuitous donation (authentic act) to avoid the donation being declared null if the value of services rendered is later deemed insufficient

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22
Q

When a transfer is made to forgive a debt of a sum certain, usually loaned money, it is more properly categorized as a _____ ______ ________.

A

dation en paiement

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23
Q

What is the difference between a remunerative donation and a dation en paiement?

A

a remunerative donation remunerates for services rendered, where a dation en paiement remunerates for a sum of fixed money.

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24
Q

The remunerative donation and the dation en paiement should be treated as __________ contracts.

A

separate

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25
For a dation en paiement to be valid, an actual debt for a fixed sum certain must _______________.
exist at the time of execution of the instrument
26
If an actual debt for a fixed sum does not exist at the time of execution of the instrument, the dation is not a dation en paiement, but a _____________ and subject to the rules of __________.
donation in disguise donations
27
Where a dation en paiement involves giving a thing in payment for the extinguishment of an existing obligation and the value of the thing exceeds 2/3 the amount of the obligation extinguished, some courts have entertained challenges that the dation was a donation in disguise. When the obligor intends this result, what should be done to avoid possible litigation or challenges to the dation?
Form of a gratuitous donation couple with donative intent as to any part of the dation which is deemed to exceed the value of the obligation
28
Dispositions considered null by operation of law include: (6)
1. donation inter vivos of the whole of one's estate 2. donation that contains a condition that is impossible because it is contrary to the laws or morals 3. prohibited substitutions 4. A donation of future property 5. Donation made on a condition the fulfillment of which depends solely on the will of the donnor 6. donation conditioned on the donee paying future and unspecified debts or charges
29
When there is no forced heir, the only limitation on the amount of property one can donate inter vivos is......
the donor cannot donate the entirety of his estate
30
Does the prohibition against donation of all property apply in onerous or remunerative donations?
No, gratuitous donations only
31
The nullification of a donation conditioned upon an employee being required to forfeit his wage is an example of.....
reputed not written | Prohibition against donations containing impossible conditions contrary to law or morals , pg 130
32
Is the forfeiture of wages allowable in reference to donations?
No, it is specifically forbidden and against public policy
33
When an authentic act is required, it is not sufficient to melee collect signatures on the act. The parties must....
Sign in the presence of the notary and the witnesses who also must sign. The notary and the witnesses must observe the party signing the act and the notary and witness must not sign until all parties have signed.
34
True or false? Donations are especially sensitive to the requirements of form.
True
35
Doesn't act of donation have to be an authentic act?
Yes if an act of donation is not an authentic act it is an absolute nullity.
36
Origination is required to be in writing the donors acceptance must...
Also be in writing.
37
In the event the thing being donated is an immovable the only form by which donation may be affected is by....
An authentic act.
38
In regard to donations what must be included in the authentic act? 3 things
It must identify the donor and the donee and describe the thing donated
39
The act of donation shall identify the donor and the dony and describe the thing donated. These requirements are satisfied if...
If the identities and description are contained in the active donation or are reasonably ascertainable from the information contained in it as clarified by extrinsic evidence if necessary.
40
What is a donation in disguise?
Conveyances intended by the parties to be valid but in which they misrepresented the character of their transactions
41
Give an example of a donation in disguise.
Trent sells a car worth $10,000 to Trixie for $100 calling at a sale but because the purchase price was too low and proportioned to the value of the thing sold it was not a sale, it was a donation in disguise. an instrument that reports to be a sale of a thing but in fact the purchase price declared therein was neither paid nor intended to be paid or was too low in proportion to the value of the thing sold
42
When the party is in 10 that their contract shall produce effects between them though different from those recited in their contract, this is called...
Relative simulation
43
The sale of a plantation for a dollar IS Or IS NOT a sale though it may be...
A donation in disguise
44
Where a simulated contract is actually a donation in disguise, the contract must be in the form of....... to have effect between the parties unless the act is in fact and onerous or remunerative donation.
A gratuitous donation, ie authentic act
45
There are 4 exceptions to the requirement that a donation be made by authentic act. What are they?
One. The onerous donation Two. The remunerative donation Three. The manual gift Four. The donation of certain incorporeal movables evidenced by a certificate document or other writing that is transferable by endorsement or delivery
46
What is a manual gift?
The giving of a corporeal movable accompanied by actual delivery to the donee.
47
A manual gift is a.......donation and is subject to......
Valid | No other requirement as to form.
48
In reference to manual gift the donation is valid at the time of...
Delivery
49
The donation of a corporal movable does not always require delivery to be effective. Immediate physical delivery to the donee is not necessary if....
The donation is made by authentic act, with acceptance
50
when the donors intent to give is present and the donies possession of the corporeal movable property operate simultaneously, it is a...,.
Manual donation inter vivos
51
In the case of promissory notes and other negotiable instruments such as shares of stock, transfer of ownership whether by donation or by value given, is generally controlled by the Louisiana commercial laws and is affected merely by.....
Transfer of possession and, where applicable, endorsement
52
True or false? Shares a stock maybe transferred by endorsement a company by donating intent without any further requirement of form.
True
53
When a donation is improperly confected, the donor may confirm the donation if the confirmation is by...
Authentic act
54
Onerous and remunitive donations are governed solely by...
The rules of ordinary contracts.
55
Are honorous and remunerative donations required to be an authentic form?
No unless there are other requirements of law applicable
56
True or false? The effects of confirmation and ratification are retroactive to the date of the confirmed or ratified obligation. However, the internal revenue service does not recognize the retroactive date as the date of transaction for federal tax purposes.
True
57
If a donation interviews is not accepted by the doney it is...
Without effect.
58
True or false? A donation is effective upon acceptance. When the donation is effective, the ownership or other real right in the thing given is transferred to the donee.
True
59
A donation interview is without effect until is it accepted by the donee. What are the requirements of acceptance?
It shall be made during the lifetime of the donor Must be made in writing, either in the act of donation or subsequently
60
What time limits are relevant to a donation inter vivos?
The donation must be accepted before the donor or the donee dies
61
The donít even accept a donation personally or by....
A mandatory having power to accept a donation for him
62
True or false? If I a donee does not accept a donation within his lifetime, his successors may accept the donation for him.
False
63
Can a creditor accept a donation for a debtor if the debtor refuses or neglects to accept it?
Nope
64
True or false? A parent or other ascendant, or a tutor, may accept a donation for a donee who is a minor, even if the person accepting is also the donor.
True
65
The soul Manors have acceptance of donation of immovable property is...
in writing made an explicit and unconditional terms either by act of acceptance or by subsequent alienation or the encumbrance of the donated property filed in the records of the parish where the property is located
66
True or false? Capacity to donate interviews must exist at the time the donor makes the donation.
True true
67
True or false? Capacity to donate mortis causa must exist at the time the tester executes the testament.
True
68
True or false? Capacity to receive a donation mortise causa must exist at the time of acceptance.
False. Capacity to receive a denotion mortis causa must exist at the time of the death of the testor.
69
To be capable of receiving a donation interviews, and unborn child must be....
In utero at the time the donation is made
70
A donation in favor of a person who is incapable of receiving it is...
Null
71
A minor under the age of..... Does not have capacity to make a donation either interview this or mortis causa, except in favor of his spouse or children.
16
72
A minor who is attained to the age of 16 years has capacity to make a donation but only ......
Mortis causa
73
A minor who was attained the age of 16 years has capacity to make a donation inter vivos under what conditions?
To his spouse or children
74
To have capacity to make a donation iner vivos or mortise casa a person must also be able to...
Comprehend generally the nature and consequences of the disposition that he is making
75
For a generation inter vivos to be valid the act of donation must reflect...
Donative intent
76
What is donative intent?
a clear expression that the property is being given gratuitously by the donor and that the donor is divesting himself of the property without any recompense
77
Elmo language in the act that the Dino merely transfers the property without expressing donative intent will cause the donation to
Fail
78
True or false? Failure to indicate donative intent will cause the donation to fail even if the property is a corporeal movable and delivered physically to another.
True
79
Any present property can be donated, but if the property being donated is community property it may require
The concurrence of both spouses
80
To have effect against third persons, an act of donation affecting immovable property or real rights thereunto and the act of acceptance in a separate document must be...
recorded in the parish in which the immovable property is located and within the delays provided by law for other convinces
81
donations of movable property, were made by authentic act as opposed to a manual gift, generally do not have to be recorded to affect third parties, though they may be subject to...
Other filing requirements or registration requirements
82
The donation of a motor vehicle by manual gift conveys ownership by delivery and acceptance of the vehicle but to register the change in ownership with the office of motor vehicles what must be done?
An act of donation in authentic form must be presented with the properly endorsed title for the new owner to obtain a title in his or her name.
83
What may cause the revocation of a donation inter vivos? (2)
Attempting to take the life of the donor Being guilty of cruel treatment, crimes, or grievous injury
84
In case of revocation for in gratitude the donation will return the thing given if he or she is not able to return the thing itself then the donít shall
Restore the value of the thing donated measured as of the time the action to revoke is filed
85
when a donation enter vivos is burdened with an obligation imposed on the dony or by some other charger condition and the obligation charge or condition cannot be or is not fulfilled the donation interviews is subject to
Dissolution in the manner established by law based on the nature of the condition and the cause if it's non-fulfillment
86
What is the prescription of action to dissolve a donation?
5 years
87
True or false? adoni or his successor is bound to restore or pay the value of the fruits of things given if a donation is revoked or dissolved.
True

LA Notary (7 decks)

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