Answers
(T/F)On an estate owned in indivision, a predial servitude can only be established with
the consent of all owners - correct answers--TRUE
A donor under the age of 16: - correct answers--Lack capacity to make a donation inter
vivos or mortis causa EXCEPT to his wife or kids.
A lease cannot extend beyond how many years? - correct answers--99
A mandate authorizing an agent to donate on behalf of a principal must be: - correct
answers--Express
A sale of immovable property must be: - correct answers--In authentic form of act under
private signature.
A servitude that is subject to a condition, such as a time period, is extinguished when: -
correct answers--the condition occurs or the term expires
A transfer of immovable property that is not gratuituous, need only be in the form of: -
correct answers--An Act Under Private Signature
An act claiming to donate property in the future is: - correct answers--Null and void as a
donation, though it may be valid as some other contract.
An apparent servitude may be acquired how? - correct answers--By peaceable and
uninterrupted possession of the right for 10 years in good faith and by just title OR by
uninterrupted possession for 30 years without title or good faith.
An inter vivos donation is without effect until: - correct answers--It is accepted by the
donor.
As to both movables and immovables, a transfer(donation) by gratuitous title must: -
correct answers--be made by authentic act
As to both movables and immovables, a transfer(donation) by onerous title must: -
correct answers--be made in writing
As to third persons, the sale of a movable transfers ownership when? - correct answers-
-only when the seller delivers the thing to the buyer.
, As to third persons, the sale of an immovable transfers ownership when? - correct
answers--only when the Act of Sale is recorded in the conveyance records of the parish
where the immovable is located.
Can a 16 or 17 year old get married? - correct answers--Yes but not with a person
whose age exceeds theirs by 3 years or more
Can a 16 year old make a mortis causa donation? - correct answers--Yes, without
limitation
Can a 16 year old make an inter vivos donation? - correct answers--no. He must reach
the age of majority (unless donating to his wife or kids)
Can a curator accept donation made to the interdict? - correct answers--Yes
Can a curator appointed in an order of temporary interdiction admit the interdict to a
residential or long term care facility? - correct answers--No, not without good cause
shown at a contradictory hearing.
Can a curator consent to an abortion or steralization of the interdict? - correct answers--
No, not without prior court authorization
Can a curator make donations of the property of the interdict? - correct answers--No
except as provided by law (Pg 194)
Can a curator move the place of dwelling out the interdict out of the state? - correct
answers--No, not without prior court authorization
Can a curator or the court admit or commit an interdict to a mental health treatment
facility? - correct answers--No, except in accordance with the provisions of RS 28:50-64
Can a curator place the property of the interdict in trust? - correct answers--Yes
Can a mandatary accept a predial servitude? - correct answers--Yes, and the power to
do so need NOT be express or in writing.
Can a mandatary establish a predial servitude? - correct answers--Yes, as long as he
had express and special power to do so.
Can a mandatary with power to accept a donation accept the donation for the donee? -
correct answers--Yes.
Can a minor enter into a matrimonial agreement? - correct answers--Not unless they
are at least 16 years old, his parents have concurred in writing to the agreement and he
has received court approval.