(12) Of Persons, the Family, and Marriage Flashcards
(125 cards)
1
Q
The law recognizes only two types of persons. What are they?
A
Natural persons and juridical persons
2
Q
What is a natural person?
A
A natural person is a human being.
3
Q
What is a juridical person?
A
An entity that the law treats as separate from its members
4
Q
Corporations, partnerships, and limited liability companies are examples of….
A
Juridical persons
5
Q
Are successions or trusts juridical persons?
A
Nope
6
Q
During what time frame does natural personality exist?
A
It commences from the moment of life birth and terminates at death
7
Q
Theoretical persons commence from….. And end…..
A
From the execution of the act or legislation creating them
In accordance with the same act or as provided by law
8
Q
why is it important to determine whether a party to enact is a natural person or dually created juridical person?
A
Only natural and uretical persons have capacity to make juridical acts, and rights of ownership may exist only in favor of natural and juridical persons.
9
Q
The limits of the capacity of a radical person are provided in the….
A
Instrument creating them, or by law, or both.
10
Q
Where is the domicile of a natural person?
A
His habitual place of residence.
11
Q
A natural person may reside in more than one location and have more than one domicile. True or false? Why or why not?
A
False a natural person may only have one domicile.
12
Q
In case of natural persons, domicile consist of two elements. What are they?
A
Residence and intent to remain
13
Q
Where is the domicile of an unemancipated minor?
A
With his parents or if they do not share common domicile, the parent with whom the minor usually resides
14
Q
L what is the domicile of a juridical person?
A
The state of its formation or the state of its principal place of business, whichever is most pertinent to the particular issue, unless otherwise provided by law
15
Q
True or false? The domicile of an unimantimated minor under the tutorship is that of his tutor. In case of a joint tutorship the domicile of the minor is that of the tutor with whom the minor usually resides, unless the court directs otherwise
A
True
16
Q
How many natural person change his domicile?
A
By changing his place of residence. when he moves his residence to another location with the intent to make that location his habitual residence
17
Q
What constitutes proof of one’s intent to establish or change domicile?
A
It depends on the circumstances. A sworn declaration of intent recorded in the parishes from which and two which he intends to move maybe considered as evidence of intent.
18
Q
What is filiation?
A
The leader relationship between a parent and a child
19
Q
What establishes filiation?
A
Proof of maternity or paternity or by adoption
20
Q
True or false? The husband of the mother of the child is presumed to be the father if they were legally married at the time of the birth or a birth occurring within 300 days of the termination of the marriage.
A
True
21
Q
True or false? An adopted child and his descendants retain the right to inherit from his former legal parent and the relatives of that parent.
A
True
22
Q
In what ways may person presume to be the father of a child disavow the parentage of the child?
A
By civil action brought in a district court within a certain timeline
A three-party acknowledgment and authentic form
23
Q
Who provides the form for the three-party acknowledgment?
A
The Louisiana department of health
24
Q
Can a man acknowledge a child to establish affiliation? If so how is this done?
A
Yes, by authentic act
25
When affiliation is established by a man acknowledging his child the acknowledgment creates rights.....
In the child but not to the benefit of the man
26
True or false? Wear a person has attained the age of majority he may be adopted without judicial approval when the adoptive parent is the spouse or surviving spouse of the parent of the person to be adopted.
True
27
The natural act of adoption must be in.....
Authentic form
28
The active adult adoption is effective...?
Upon execution by all parties if filed for recordation within 5 days
otherwise, it is effective upon recordation
29
True or false? an act of adult adoption may be filed in any parish of the state regardless of domicile or place of execution.
True
30
In order to adult adoption, the clerk shall.....
1. Record the acts of adoption in the conveyance records
2. Transmit the filing of the act of adoption to the Louisiana department of health, office of public health, and vital records registry, within 2 days of the filing of the act
31
How does the vital records registry index the adoption?
Under the name of the adoptive parent or parents and the person being adopted and show my girlfriend to the day of filing and the parish for the original active adoption is recorded
32
True or false? The failure of the clerk or the department to properly file the act of adult adoption can affect the adoption.
False, it does not affect the adoption
33
Define parental authority.
parental authority is the right and obligation of the person having that authority to provide for the physical care, supervision, protection, discipline and instruction of a minor child.
34
Who does parental authority belong to?
First of both parents jointly, or, if one is incompetent or absent, and the remaining parent exclusively
35
May parental authority be delegated to others by the parents?
Yes
36
In the event of a termination of a marriage, or the person having little custody of a child is not a parent or ascendant, parental authority is replaced by...?
Tutorship
37
What allows a parent to administer the property of the child, to represent the child, and to designate a tutor in the event of death?
Parental authority
38
True or false? a parent makes spend, without cord approval, the fruits of the child's property for the shared benefit of the family, excluding major children not living in the household, or for the express of the child's household or property.
True
39
Name the four types of tutorship.
Natural
will (testament)
By effect of law
by a appointment of a court
40
The right of a biological or adoptive parent to the tutorship of their minor children in preference to and to the exclusion of all others is called...?
Natural tutorship
41
Upon termination of a marriage parents automatically become....
Co-tutors
42
Upon the death of either parent, the tutorship exclusively belongs to...?
The surviving parent
43
Where a child is not appreciated to a man, who is the exclusive natural tutor of the minor child?
The child's mother
44
After the death of a child's mother, is the father had not acknowledged a child prior to the mother's death, the court shall give first consideration to appointment as tutor to whom?
And then?
Her parents or siblings who survivor and secondly, the father, always taking into consideration the best interest of the child
45
If both parents have acknowledged their child born outside the marriage but no formal custody agreement is in place, the judge sell a point as tutor...?
The one by whose care the best interests of the child will be served
46
In the event the appearance are awarded joint custody of such acknowledged child born outside of marriage, then the co-tutorship of such child shall belong to the right of both parents, with equal.....
authority, privileges, and responsibilities, unless modified by order of the court or by an agreement of the parents approved by the court
47
What is the right of a parent to designate a tutor for a minor town upon the last surviving parent's death?
Tutorship by Will
48
Where the appointment of a tutorship is not included in a validly executed testament, it may be exercised by appointment of a tutor. How is this done?
By authentic act
49
True or false? we're more than one tutor is appointed, the law presumes that the first listed would have the power of tutorship to the exclusion of all others, unless otherwise provided in the testament or act appointing a tutor by will.
This is true
50
What constitutes evidence of tutorship?
Letters of tutorship
(evidence of the legal ability and capacity of the tutor to act on behalf of the minor child) would you prefer snow for Christmas cheaper usually That's fine
51
Letters that evidence the legal ability and capacity of the tutor to act on behalf of the minor child are called what?
Letters of tutorship
52
What is emancipation?
Generally, the process of conferring some or all effects of majority on a minor.
53
Emancipation may rise by....
Judgment of a court of confident jurisdiction, by marriage, or by authentic act.
54
What are the three kinds of emancipation?
Judicial emancipation
Emancipation by marriage
limited emancipation by authentic act
55
What effects of majority does a judicial emancipation confer upon the minor?
Those specified in the judgment of a limited emancipation except as provided by law
56
Does termination of a marriage dissolve emancipation?
No
57
What effects of majority does a full judicial emancipation confer upon the minor?
All effects of majority
58
What effects of majority does emancipation by marriage confer upon a minor?
All effects of majority
59
What age does a minor have to be to qualify for emancipation through juridical act?
16 years or older
60
When is each type of emancipation effective?
Juretical emancipation is effective when the judgment is signed. Emancipation by marriage is effective upon marriage. Limited emancipation by authentic act is effective when the act is executed.
61
Can a natural active emancipation be modified or rescinded in a subsequent authentic act?
Yes
62
does an authentic act or judgment modifying or terminating a prior act of limited emancipation affect the validity of a juridical act made by the minor prior to the effective date of the modification or termination?
No it does not
63
What is the legal status of a person of age of majority or of an emancipated minor, who, due to an infirmary, is determined by a judgment of a court of competent jurisdiction, to be unstable consistently to make reason decisions regarding the care of his person and property, or to communicate those decisions, and whose interests cannot be protected by less restrictive means.
Interdiction
64
What is it called when a person is incapable of administering his property or caring for his person, and a court issues a limited judgment allowing another to administer of property or after care for his person?
Limited interdiction
65
What is a curator as it relates to interdiction?
an individual appointed to represent the introduced and juridical acts and to care for the person or affairs of the interdict or aspect of either?
66
When do the duties of a curator commence?
Upon his qualification
67
Upon qualification of the appointed curator, the The court for court thereof shall issue....
Letters of curatorship in the name and under the seal of the court
68
What do letters of curatorship set forth?
The date of the qualification of the curator and the date, if any, on which the letters expire. In the event of a limited curatorship letters of curatorship also set forth the powers of the limited curator.
69
Except where otherwise provided, the rules on........ apply to curators of interdicts?
Tutorship
70
Except as otherwise provided by law, the relationship between interdict and curator is the same as....
That between minor and tutor
71
Do provisions establishing special rules for natural tutors and parents apply in the context of interdiction?
No they do not
72
Is a curator allowed to accept and make donations of property on behalf of the incident?
a curator may accept the nations made to the introduced. A curator is not allowed to make donations of the property of the interdict except as provided by law.
73
Does a curator have the ability to consent to an abortion or sterilization of the introduced without prior court authorization?
No they cannot
74
LA RS 28:50 through 64 govern that a curator nor a court can have authorization to admit the defendant to a restricted or long-term care facility without first...
Showing good cause at a contradictory hearing
75
Define marriage
A legal relationship between two natural persons created by a consensual civil contract
76
The relationship between two married persons is governed by special rules provided by law, among them is.....
The duty to provide:
mutual support
Fidelity and assistance
obligation to raise their children
77
most providing that marriage can only exist between persons of opposite gender were modified by the United States supreme Court decision....
Obergefell v. Hodges
78
Obergefell v. Hodges is the court decision that provided what?
And extended the right of marriage in all 50 states to persons of the same gender
79
The contact of marriage established by:
A ceremony performed by a delay authorized efficient
The consent of the parties
The absence of legal impediment
80
In the event that the requirements for a contracted marriage are not met the marriage is.....
Absolutely null
81
True or false? A marriage can be contracted by procuration.
False. The marriage can not be contracted by procuration.
82
What is a legal impediment?
Any condition that precludes the ability to contract under the laws
83
Name the four legal impediments to marriage establish in the civil code
Impediment of existing marriage
Impediment of the same sex
Impediment of relationship
Impediment of age
The impediment of same-sex remains in the civil code, but a decision of the United States supreme Court has rendered it unconstitutional.
84
Ascendants may not marry descendants; ants may not marry nephews; on goals may not marry nieces to make all in siblings may not marry each other. These prohibitions exist whether the relationship is by blood or adoption the court, however, can authorize marriage in the collateral line if one of the parties is related only by adoption and not by blood. What is this?
Impediment of relationship
85
minors in the age of 16 years may not contract marriage, and minors of 16 or 17 years of age may not contract marriage with a person whose age exceeds theirs by 3 years or more. What is this?
Impediments of age
86
True or false? A marriage license is not legally part of a contract of marriage however and efficient may not perform a marriage ceremony until he's received a license authorizing him to perform that marriage ceremony.
True
87
Does marriage change a person's surname?
No it does not
88
a marriage entered into by man and a woman after the parties have received premarital counseling and under an agreement that provides a divorce may not be sought unless a complete total breach of the covenant commitment has occurred. What is this?
A covenant marriage
89
In regard to marriage, how is a covenant commitment made?
In the form of a written declaration executed before a notary public and filed with a marriage license application
90
True or false? a covenant marriage agreement cannot be dissolved, rescinded, or terminated by mutual consent of the spouses.
Tr ue true
91
How may a covenant marriage agreement be dissolved?
Only the termination of the marriage as provided by law can end a covenant marriage agreement
92
We, (name of intended husband ) and ( name of intended wife ), do hereby declare our intent to contract a covenant marriage and, accordingly, have executed a declaration of intent attached here too.
What is this an example of?
Statement on a marriage license for contracting a covenant marriage
93
The declaration of intent comprises two distinct documents that must be attached to the marriage license application in order for covenant marriage to be filed. Each must be executed in duplicate original - one for filing with the marriage license application and one for the parties to keep.
What are the required documents?
A recitation of the declaration provided by law and signed by both parties in the presence of an attesting notary public
the affidavit of the party's acknowledging receipt of premarital counseling covering required subjects and discussions and reading of information from the attorney general concerning covenant marriages. It must include and attestation of the counselor either as an attachment or in the form of a statement in the affidavit.
94
Make couples that are already married as husband and wife apply for a covenant marriage?
Yes they can
95
Louisiana law establishes systems of principles and rules governing the ownership and management of property of married persons between themselves and toward third persons. What are these systems termed?
Matrimonial regimes
96
What are the three kinds of matrimonial regimes?
Legal
Contractual
partly legal/ partly contractual
97
What is the most common matrimonial regime? What is this particular type of regime most commonly referred to as?
The legal regime. Community property
98
Louisiana civil code provides that the legal regime establishes....?
A community of acquets and gains
99
Acquets generally means what in Louisiana civil law?
Estates--- being property that has been acquired by purchase, gift, or otherwise then buy succession.
100
Some civilian jurisdictions can find accused to immovable property. In Louisiana, the term embraces what kind of property?
All property, both immovable and movable
101
The income or product derived or gained by the labor of either spouse or from property owned by them. What is this?
Gains
102
What is the default regime regarding regarding marital property in Louisiana?
Legal regime is the default regime.
103
Property acquired during the legal regime
property acquired with community things, or acquired with community and separate things
Property donate to the spouses jointly
Natural and civil fruits of community property
All other property not classified as separate property
damages awarded for loss or injury to community things
These are all examples of what?
Community property
104
True or false? The community is not an entity or a juridical person separate and apart from the spouses.
True.
105
Louisiana civil code provides each spouse owns a present undivided 1/2 interest in the community property. The spouses may voluntarily partition all or part of their community property. What is the result of the voluntary partition?
It becomes the separate property of each spouse
106
True or false? As long as the property is partitioned into separate property, a spouse may alienate, lease, or encumber his undivided interest in community property to a third party during the existence of the legal regime.
False. A spouse may not alienate, lease, or encumber his undivided interest in the company property to a third party during the existence of a legal regime.
107
Where is Val's acts unilaterally without the concurrence of the other spouse, any such action is a....?
Relative nullity
108
True or false each spouse acting alone may manage, control, or dispose of community property unless otherwise provided by law.
True
But they may not alienate, lease, or encumber community property.
109
When concurrence of a spouses required, that spouse may renounce the right to concur. The pronunciation must be in..... And may be irrevocable for a stated term not to exceed......
Writing
| 3 years if no term is stated
110
True or false? The donation of community property to a third person requires the concurrence of the spouses, but a spouse acting alone may make a usual or customary gift of a value commensurate with the economic position of the spouses at the time of the donation.
True.
111
True or false? The spouse who is the sole manager of a community enterprise has the exclusive right to alienate, encumber, or at least it's movable unless the movables are issued in the name of the other spouse or the concurrence of the other spouse is required by law.
True.
112
True or false? I spouse has the exclusive right to manage, alienate, encumber, or lease moveables issued a registered in his name as provided by law, even without the concurrence of his spouse.
True.
113
True or false? A spouse who is a partner or member of a LLC does not have the exclusive right to manage, alienate, encumber, or lease the partnership interest?
False. They do have the exclusive right.
114
What is the term for property acquired by one spouse with his or her property or funds that are separate property already, property acquired by inheritance, and property donated to an individual spouse as opposed to both spouses jointly?
Separate property
115
True or false? The separate property of a spouse is his exclusively.
This is true
116
How is a legal regime terminated?
Death, divorce, or a matrimonial agreement that terminates the community
117
When a matrimonial agreement terminates or modifies a legal regime already established, the agreement must be.....?
Judicially approved
118
When a community property regime terminates, The rules governing ______________apply to the former community property.
Co-ownership
119
This is a contract establishing a regime of separation of property or modifying or terminating the legal regime.
Matrimonial agreement
120
if a couple desires to enter into a matrimonial agreement excluding or modifying the legal regime without court approval, when must they do so?
Before they marry
| Or for married couples, One year after moving into Louisiana
121
Regarding expenses of the marriage, each spouse contributes to the expenses of the marriage as provided in the matrimonial agreement. In the absence of such a provision, what does each spouse contribute?
In proportion to his means.
122
what laws provide rules on human care debts, how those stats are to be paid, and how does an assets are to be divided between the husband and wife if their community ends?
Community property laws
123
True or false? If you were married outside of Louisiana, moving here changes your property rights.
True
124
What is the limited scope of a matrimonial agreement?
A matrimonial agreement may affect only the ownership and management of property.
125
Our provisions of law covering matters of fidelity, support, or assistance mutually do each spouse under the law able to be altered by a matrimonial agreement?
No.
