Louisiana Notary

A Civil Law Tradition

Caveat Notarius

Caveat Notarius – Authenticating documents for your family or business

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Caveat Notarius – Authenticating documents for your family or business

R.S. 35:4. Notaries connected with banks and other corporations; powers It is lawful for any notary public who is a stockholder, director, officer, or employee of a bank or other corporation to take the acknowledgment of any party to any written instrument executed to or by such corporation, or to administer an oath to any other stockholder, director, officer, employee, or agent of such corporation, or to protest for non acceptance or nonpayment bills of exchange, drafts, checks, notes, and other negotiable instruments which may be owned or held for collection by such corporation. It is unlawful for any notary public to take the acknowledgment of an instrument by or to a bank or other corporation of which he is a stockholder, director, officer, or employee, where the notary is a party to such instrument, either individually or as a representative of such corporation, or to protest any negotiable instrument owned or held for collection by the corporation, where the notary is individually a party to the instrument. (Emphasis added.)

Caveat Notarius – Waiver of warranty – as is language

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Caveat Notarius – Waiver of warranty – as is language

Art. 2548. Exclusion or limitation of warranty; subrogation. The parties may agree to an exclusion or limitation of the warranty against , redhibitory defects. The terms of the exclusion or limitation must be clear and unambiguous ,and must be brought to the attention of the buyer. A buyer is not bound by an otherwise effective exclusion or limitation of the warranty when the seller has declared that the thing has a quality that he knew it did not have. The buyer is subrogated to the rights in warranty of the seller against other persons, even when the warranty is excluded

Caveat Notarius – Concepts: Consideration and cause

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Caveat Notarius – Concepts: Consideration and cause

Art. 2439. Definition [of sale]. Sale is a contract whereby a person transfers ownership of a thing to another for a price in money. The thing, the price, and the consent of the parties are requirements for the perfection of a sale.

Art. 1906. Definition of contract. A contract is an agreement by two or more parties whereby obligations are created, modified, or extinguished.

Art. 1966. No obligation without cause. An obligation cannot exist without a lawful cause.

Art. 1967. Cause defined; detrimental reliance. Cause is the reason why a party obligates himself.

Caveat Notarius – Confirmation of donation

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Caveat Notarius – Confirmation of donation

Art. 1845. Confirmation of donation. A donation inter vivos that is null for lack of proper form may be confirmed by the donor but the confirmation must be made in the form required for a donation. The universal successor of the donor may, after his death, expressly or tacitly confirm such a donation.

Art. 1842. Confirmation. Confirmation is a declaration whereby a person cures the relative nullity of an obligation. An express act of confirmation must contain or identify the substance of the obligation and evidence the intention to cure its relative nullity. Tacit confirmation may result from voluntary performance of the obligation.

Art. 1843. Ratification. Ratification is a declaration whereby a person gives his consent to an obligation incurred on his behalf by another without authority. An express act of ratification must evidence the intention to be bound by the ratified obligation. Tacit ratification results when a person, with knowledge of an obligation incurred on his behalf by another, accepts the benefit of that obligation.

Art. 1844. Effects of confirmation and ratification. The effects of confirmation and ratification are retroactive to the date of the confirmed or ratified obligation. Neither confirmation nor ratification may impair the rights of third persons.

Caveat Notarius – Concepts

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Caveat Notarius – Concepts

Art. 9. Clear and unambiguous law. When a law is clear and unambiguous and its application does not lead to absurd consequences, the law shall be applied as written and no further interpretation may be made in search of the intent of the legislature.

Art. 1. Sources of law. The sources of law are legislation and custom.

Art. 2. Legislation. Legislation is a solemn expression of legislative will.

Art. 3. Custom. Custom results from practice repeated for a long time and generally accepted as having acquired the force of law. Custom may not abrogate legislation.

Art. 4. Absence of legislation or custom. When no rule for a particular situation can be derived from legislation or custom, the court is bound to proceed according to equity. To decide equitably, resort is made to justice, reason, and prevailing usages.