LOUISIANA LAW EXAM 2026
CERTIFICATION EXAM PAPER WITH FULL
SOLUTION AND EXAM QUESTIONS
⫸ universal successor - Universal successor represents the deceased and
succeeds to all of his rights and charges. Includes heirs, universal
legatees, and general legatees.
⫸ real right - A right that is attached to a thing rather than a person
⫸ real obligation - A real obligation is an obligation incurred as the
result of a real right.
⫸ personal obligation - Personal obligation is a relationship only
between two persons and does not extend to real rights. (Therefore, the
promissory note alone (without reference to the real estate mortgage) is
just a personal right.) This is why the link between the note and the
mortgage of real property is important to make it a real right arising
from the real estate mortgage.
⫸ Transfer of Real Obligations - Property Bound: A real obligation is
transferred to the person who acquires the thing to which the obligation
is attached without any agreement to that effect. (Personal obligations,
on the other had, cannot be transferred without agreement.)
, ⫸ Strictly Personal Obligation - A strictly personal obligation is an
obligation that is only enforceable by the original obligee or against the
original obligor (thus it is not heritable).
⫸ Heritable Obligation - An obligation is heritable if it can be enforced
by or against the successors of the original obligors and obligees; it is
also transferable. Thus, heritability concerns only the question of
whether a third party can be substituted or added to the obligation.
⫸ How do you determine whether an obligation is strictly personal? -
It's strictly personal for the obligee if the obligor's performance requires
special skill or qualification, and if the obligation is to perform personal
services intended for that obligee's exclusive benefit. (1766)
⫸ potestative condition - condition within a party's power to fulfill;
suspensive potestative conditions based on obligor's whim (unbridled
discretion) are null; resolutory are not null if exercised in GF
⫸ suspensive potestative condition - An obligation with a suspensive
condition that depends on the "whim" of the obligor is null, but an
obligation with a suspensive condition that depends on the exercise of
the obligor's "will" is valid.
⫸ Resolutory potestative condition - Obligations w/ resolutory
conditions whose fulfillment is w/i a party's power are NOT null, but the
conditions must be exercised in good faith.
CERTIFICATION EXAM PAPER WITH FULL
SOLUTION AND EXAM QUESTIONS
⫸ universal successor - Universal successor represents the deceased and
succeeds to all of his rights and charges. Includes heirs, universal
legatees, and general legatees.
⫸ real right - A right that is attached to a thing rather than a person
⫸ real obligation - A real obligation is an obligation incurred as the
result of a real right.
⫸ personal obligation - Personal obligation is a relationship only
between two persons and does not extend to real rights. (Therefore, the
promissory note alone (without reference to the real estate mortgage) is
just a personal right.) This is why the link between the note and the
mortgage of real property is important to make it a real right arising
from the real estate mortgage.
⫸ Transfer of Real Obligations - Property Bound: A real obligation is
transferred to the person who acquires the thing to which the obligation
is attached without any agreement to that effect. (Personal obligations,
on the other had, cannot be transferred without agreement.)
, ⫸ Strictly Personal Obligation - A strictly personal obligation is an
obligation that is only enforceable by the original obligee or against the
original obligor (thus it is not heritable).
⫸ Heritable Obligation - An obligation is heritable if it can be enforced
by or against the successors of the original obligors and obligees; it is
also transferable. Thus, heritability concerns only the question of
whether a third party can be substituted or added to the obligation.
⫸ How do you determine whether an obligation is strictly personal? -
It's strictly personal for the obligee if the obligor's performance requires
special skill or qualification, and if the obligation is to perform personal
services intended for that obligee's exclusive benefit. (1766)
⫸ potestative condition - condition within a party's power to fulfill;
suspensive potestative conditions based on obligor's whim (unbridled
discretion) are null; resolutory are not null if exercised in GF
⫸ suspensive potestative condition - An obligation with a suspensive
condition that depends on the "whim" of the obligor is null, but an
obligation with a suspensive condition that depends on the exercise of
the obligor's "will" is valid.
⫸ Resolutory potestative condition - Obligations w/ resolutory
conditions whose fulfillment is w/i a party's power are NOT null, but the
conditions must be exercised in good faith.
