Broader Context & Niche Acts Flashcards by Natalia Carter

From which legal traditions does Louisiana civil law originate?

French and Spanish civil codes.

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What is the primary function of a civil law notary?

To prepare and authenticate acts with legal effect.

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Which court handles probate matters?

District Court in the parish of domicile.

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What is personal servitude?

A real right in favor of a person such as usufruct.

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What martial regime applies by default?

Community property.

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What is a settlor?

The person who creates a trust.

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What is an Act of Correction?

A notarial or party act used to fix errors in a recorded instrument.

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What is a jurat?

A notary clause starting an oath or affirmation was sworn before them.

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Who commissions Louisiana notaries?

The Governor of Louisiana.

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What is the penalty for a notary exceeding their authority?

Civil and possibly criminal liability.

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What is a distinguishing feature of the civil law system?

Codified statutes over judicial precedent.

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How does the civil law notary differ from the common law notary?

They have authority to create binding legal documents.

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What are the trial-level courts in Louisiana?

District Courts.

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What is an affirmative servitude?

Allows the dominant estate to do something on the servient estate.

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Can servitudes be created by agreement?

Yes, by authentic or other lawful means.

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What is a matrimonial agreement?

A contract modifying the default marital property regime.

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When must a matrimonial agreement be executed to be valid?

Before marriage or by court approval afterward.

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Can a trust own immovable property?

Yes, if properly created and recorded.

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Who is the trustee?

The person or entity managing the trust property.

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What is a provisional custody by mandate?

Temporary delegation of parental authority via authentic act.

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What is an affidavit of correction?

A document correcting clerical errors in recorded acts.

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What is a notary’s duty regarding impartiality?

They must remain neutral and avoid conflicts of interest.

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Can a notary refuse to act?

Only for lawful reasons, such as conflict of interest or lack of capacity.

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What is the legal status of a notary in the civil law tradition?

A public official empowered to create authentic acts with legal authority.

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Why is record-keeping central to the notary’s role?

To ensure public faith in documents and maintain legal evidence.

What is the role of judges in the civil law system?

Judges interpret and apply the law but do not create it.

Who is the supreme lawmaker in the civil law system?

Legislation

Who has authority to revoke or suspend a notary’s commission?

The courts.

What does a usufructuary have the right to use?

The fruits (natural or civil) of the property.

Can a usufructuary create a predial servitude?

No.

What are the two main types of predial servitudes?

Affirmative (e.g., right of way) and negative (e.g., building restriction).

What’s the difference between apparent and nonapparent servitudes?

Apparent are visible (e.g., road); nonapparent are not (e.g., no-build clause).

What is domicile?

A person’s habitual residence with intent to remain.

What is tutorship?

Legal guardianship of a minor.

What are matrimonial regimes?

Legal systems governing ownership of property between spouses.

Are fruits of separate property community property?

Yes, unless there is a matrimonial agreement stating otherwise.

What are the three types of suretyship?

Ordinary, commercial, and legal.

Is a guarantor a joint debtor in true suretyship?

No; a guarantor's liability is secondary.

Who may create a trust in Louisiana?

Any natural person or juridical person with capacity.

Can the settlor, trustee, and beneficiary be different people?

Yes, and often are.

Do trusts involving immovables need to be recorded?

Yes, to affect third parties.

Can the trust principal be used for the income beneficiary?

Only if expressly authorized by the trust instrument.

What is the “forced portion” in trust law?

A share reserved for forced heirs that must be preserved.

Can someone refuse to accept a trust benefit?

Yes, by formal refusal.

What is the “proces verbal” in a public inventory?

A certified written record of inventory proceedings submitted to the court.

What is a “recapitulation” in a public inventory?

A summary of the inventory’s content and values.

What is the difference between a trade name and an assumed business name?

An assumed name applies only to sole proprietorships, partnerships, and LLCs—not corporations.

What must be included in articles of incorporation?

Name, purpose, duration, registered agent, capital structure, and incorporators.

What are the two types of acts of correction?

One by notary alone for clerical errors; one by parties for substantive changes.

Can a notary certify a birth certificate as a “true copy”?

No; only the issuing authority can certify it.

What is tutorship by will?

A parent’s designation of a tutor for a minor child in a testament.

What is an act of partition?

A notarial act dividing co-owned property.

What is limited emancipation?

Court-approved or authentic act-based partial release of a minor from parental authority.

What is provisional custody by mandate?

Temporary delegation of custody by authentic act.

What is a substitute for personal appearance in rare cases?

Acknowledgment before another notary, if legally permitted.

How can an imperfect donation be confirmed?

Through a new authentic act of confirmation.

What does it mean if a notary says “attesting to signature only”?

The notary is not verifying content, only witnessing the signature.

Can a notary draft a document in a language they do not understand?

No; all parties and the notary must understand the language used.

Does divorce revoke a legacy in a will to a former spouse?

Yes, presumed revoked unless the will clearly states otherwise. (La. C.C. art. 1608(5))

Does divorce revoke a former spouse’s appointment as executor, trustee, or attorney for the estate in a will?

Yes, presumed revoked unless otherwise stated. (La. C.C. art. 1608(5))

Does divorce terminate the community property regime?

Yes, divorce terminates the legal regime. (La. C.C. art. 2356)

Does divorce dissolve a sole proprietorship formed during the marriage?

Yes, it is subject to division as community property. (La. C.C. art. 2356)

Does divorce affect parental authority over children?

Yes, divorce can affect custody and authority. (La. C.C. art. 235)

Does divorce revoke a testamentary trust provision naming a now-former spouse?

Yes, presumed revoked unless otherwise expressed. (La. C.C. art. 1608(5))

Does divorce revoke an inter vivos trust appointment of the former spouse?

Yes, divorce revokes the ex-spouse's designation unless the trust instrument says otherwise. (La. R.S. 9:2047)

Does divorce affect the emancipation of a minor obtained through marriage?

No, emancipation remains valid even if the marriage ends. (La. C.C. art. 367)

Is marital status required in authentic acts involving immovables?

Yes, because it affects community vs. separate property status and consent requirements.

Is marital status required in an Act of Limited Emancipation?

Yes, especially if the minor was emancipated by marriage or is married at the time of the act.

Is marital status required in an Act of Cash Sale?

Yes, because community property rules may apply to either buyer or seller, affecting ownership and spousal consent.

Is marital status required in an Affidavit of Small Succession?

Yes, to determine heirship and to identify surviving spouses, who may have usufruct rights or other claims.

Is marital status required in a Donation Inter Vivos?

Yes, especially for donors or donees, as community property cannot be donated without spousal consent.

Is marital status required in a Mandate (Power of Attorney)?

Yes, because powers exercised over community property may require express authority and disclosure of marital status.

Is marital status required in a Provisional Custody by Mandate?

Yes, to establish the legal authority and parental relationship of the person delegating custody.

Is marital status required in a Testament (Will)?

Yes, to clarify spousal rights, usufructs, and possible forced heirship issues.