Civil Code III Flashcards
A synallagmatic contract is a contract
A. under which the parties obligate themselves reciprocally.
B. that is entirely oral.
C. that is given no special designation, such as a designation as a sale, lease, loan or insurance.
D. that contains an obligation subject to a condition that depends solely on the whim of the obligor.
E. that is made by a party without contractual capacity.
A. under which the parties obligate themselves reciprocally.
The Louisiana Civil Code uses the phrase “synallagmatic contract” to describe a lease. It is a bilateral contract. Each party is bound to render a performance. Response C describes an innominate contract and D describes a contract with a potestative condition. Response B is incorrect because whether a contract is written or oral has no bearing on its classification as synallagmatic.
Lesion may be claimed
A. in the case of the sale of any immovable, unless the seller has renounced the right to claim it.
B. only in the case of the sale of a corporeal immovable.
C. within the prescriptive period of four years from the date of the sale.
D. by the seller of corporeal property that is movable or immovable.
E. by the seller of immovable property that is corporeal or incorporeal.
B. only in the case of the sale of a corporeal immovable.
This question calls for simple recall of the prescription that applies to a lesion claim and the circumstances under which such a claim may be brought.
Under the Louisiana Civil Code, a lessee may assign its right under a lease
A. only if the lease expressly permits assignment.
B. unless the lease prohibits assignment.
C. regardless of what the lease may provide with respect to assignment.
D. with the consent of the lessor, not to be unreasonably withheld.
E. with the consent of the lessor, not to be unreasonably withheld, except that the lease may provide a contrary rule.
B. unless the lease prohibits assignment.
Both assignment and sublease are permitted in Louisiana, unless the lease provides otherwise. D and E may seem like attractive options at first blush. The doctrine of abuse of right prevents a lessor from unreasonably withholding his consent to a sublease or assignment. But this doctrine does not kick in unless the lease provides that an assignment or sublease may be perfected only upon the lessor’s consent.
Under the Louisiana Uniform Commercial Code —Secured Transactions, the general rule of priority is that conflicting perfected security interests rank
A. according to priority in time of filing or perfection.
B. according to priority in time of filing.
C. according to priority in time of perfection.
D. according to priority in time of achieving both filing and perfection.
E. according to priority in time of achieving both attachment and perfection.
A. according to priority in time of filing or perfection.
The rule is “first to file or perfect” wins, as it is possible (and sometimes required) to perfect other than by filing, and it is possible to file before attachment and technical perfection and yet beat an intervening perfected creditor.
Which of the following is essential to the establishment of a conventional mortgage between the parties?
A. a statement that the promissory note(s) secured by the mortgage has (have) been paraphed for identification with the mortgage.
B. the signatures of both mortgagor and mortgagee.
C. filing of the mortgage in the mortgage records of the parish in which the property is located.
D. execution of the mortgage in authentic form.
E. None of the above.
E. None of the above.
Paraphs are no longer necessary, only the mortgagor must sign, filing the mortgage is for effectiveness against third parties, not the original parties, and an act under private signature is fully sufficient form for a mortgage.
A mandate necessarily terminates upon
A. death of the principal.
B. incapacity of the principal.
C. the filing of a revocatory action against the principal.
D. any condition that makes express revocation of the mandate impossible or impractical.
E. the expiration of ten years from the date the mandate was granted.
A. death of the principal.
Mandate generally terminates upon the death of the principal. This answer is not perfect, as the mandatary must still complete undertakings he began before the principal’s death if delay would injure the principal’s interest. But it is the “best” answer here. Note that response B is incorrect because not all incapacities of the principal terminate the mandate; interdiction does, but there may be other causes of the principal’s incapacity.
An offer of reward made to the public is binding upon the offeror
A. only if the person who performs the requested act knows of the offer.
B. even if the person who performs the requested act does not know of the offer.
C. only if the person who performs the requested act relies to his detriment on the offer in performing the requested act.
D. even if the offeror, before completion of the requested act, revokes the offer by the same or an equally effective means as the offer.
E. only if the formal requirements of a donation inter vivos have been satisfied in the making of the offer.
B. even if the person who performs the requested act does not know of the offer.
This question calls for simple recall of the general rule that offers of reward made to the public are binding regardless of the knowledge of the party who renders the requested performance.
Which of the following is a correct statement of the law?
A. The action in redhibition against a bad faith seller prescribes in four years from the day
delivery of the thing sold was made to the buyer or one year from the day the defect was discovered by the buyer, whichever occurs first.
B. In an action for recission because of a redhibitory defect, the court may limit the remedy of the buyer to reduction of the purchase price.
C. The seller is presumed to have known of a redhibitory defect if it appears within three days from the time of delivery of the thing sold.
D. An exclusion or limitation of the warranty against redhibitory vices is not permitted in consumer transactions.
E. All of the above.
B. In an action for recission because of a redhibitory defect, the court may limit the remedy of the buyer to reduction of the purchase price.
A buyer who seeks reduction of the purchase price for redhibition may not later seek dissolution, but a buyer who seeks dissolution may be compelled to accept a price reduction. Response A describes the prescriptive period that applies to a good faith seller, not a bad faith seller. Response C is rather tricky. The rule is that a redhibitory defect is presumed to have existed at the time of delivery if it appears within three days of delivery. The presumption has nothing to do with the knowledge of the seller.
Which of the following is not a correct statement of the law?
A. Stipulated damages must be reduced by the court if the obligor proves that the amount of the stipulated damages exceeds the obligee’s actual damages.
B. Stipulated damages for non-performance may be reduced in proportion to the benefit derived by the obligee from any partial performance rendered by the obligor.
C. Nullity of the principal obligation renders a clause for stipulated damages null.
D. An obligee may not avail himself of a clause stipulating damages for delay unless the obligor has been put in default.
E. An obligor whose failure to perform the principal obligation is justified by a valid excuse is also relieved of liability for stipulated damages.
A. Stipulated damages must be reduced by the court if the obligor proves that the amount of the stipulated damages exceeds the obligee’s actual damages.
Stipulated damages will be acceptable even if they do not precisely match the obligee’s actual damages. As long as they are not so unreasonable as to be violative of public policy, they are enforceable.
Which of the following is an example of circumstances under which a natural obligation arises?
A. A contract to sell immovable property is unenforceable because it is not in writing.
B. A borrower enters into an unenforceable agreement to pay interest at a usurious rate.
C. A civil obligation has been extinguished by prescription.
D. A contract is unenforceable because it is predicated upon unlawful cause.
E. All of the above.
C. A civil obligation has been extinguished by prescription.
A natural obligation exists only where “the law implies” a moral duty to render performance. Obligations extinguished by prescription are the most common examples of natural obligations. The law certainly does not imply a moral duty to render performance on an unlawful cause. The illegality of the cause provides good reason for refusing to give the agreement any effect.
A natural obligation:
A. arises from circumstances in which the law implies a particular moral duty to render a performance.
B. is enforceable by judicial action.
C. arises, for example, when a party agrees to a performance that is contra bonos mores.
D. is not onerous cause for a promise to fulfill it.
E. has all of the characteristics and effects described above.
A. arises from circumstances in which the law implies a particular moral duty to render a performance.
Choice A uses the exact codal definition of a natural obligation. C is incorrect because a natural obligation exists only when the law implies a moral duty, not when a party agrees to an immoral performance (a performance contra bonos mores). B and D are incorrect because, in contrast with civil obligations, natural obligations are not judicially enforceable, yet promises to fulfill them will amount to onerous cause.
A resolutory condition:
A. prevents the enforcement of an obligation until an uncertain event occurs.
B. causes an obligation to come to an end when an uncertain event occurs.
C. that depends solely on the whim of the obligor makes the obligation null.
D. is implied in every synallagmatic contract.
E. is satisfied when a corporate officer produces authentic evidence of a resolution authorizing his execution of a contract.
B. causes an obligation to come to an end when an uncertain event occurs.
Choice A describes a suspensive condition, and choice C describes the rule of nullity for suspensive conditions only. D is incorrect, as synallagmatic (in essence, bilateral) contracts need not be conditional ones.
Remission of a debt:
A. granted to a surety releases the principal obligor and all other sureties.
B. granted to one surety releases the other sureties only to the extent of the contribution the other sureties might have recovered from the surety to whom the remission was granted.
C. is effective only when express.
D. is not effective until the obligor has expressly accepted the remission.
E. is presumed to arise from the release of a real security given for performance of the debt.
B. granted to one surety releases the other sureties only to the extent of the contribution the other sureties might have recovered from the surety to whom the remission was granted.
The other responses are clearly wrong. C is incorrect because a remission may be tacit. D is incorrect because acceptance is presumed. Note that E is not entirely accurate, as releasing real security releases a commercial surety only to the extent that the release actually injures the surety, and the “performance of the debt” might have been partial.
Which of the following is a correct statement of the law?
A. Novation is the extinguishment of an existing obligation by the substitution of a new one.
B. Objective novation takes place when a new obligor is substituted for a prior obligor who is discharged by the obligee.
C. A novation made by the obligee and one of the obligors of a solidary obligation does not effect a release of the other solidary obligors.
D. Execution of a new writing and modification of an obligation, made without intention to extinguish it, are examples of novation.
E. All of the above.
A. Novation is the extinguishment of an existing obligation by the substitution of a new one.
Choice A memorializes the codal definition of a novation. B describes a subjective novation. C is incorrect, because novation of a solidary obligation releases all solidary obligors. D describes “mere modifications,” as distinguished from a novation.
Compensation:
A. between an obligee and a surety extinguishes the obligation of the principal obligor.
B. takes place only when two obligations are to be performed at the same place and arise from the same source.
C. can neither take place nor be renounced to the prejudice of rights previously acquired by third parties.
D. causes an obligation to be extinguished when the qualities of obligor and obligee of the obligation are united in the same person.
E. has all of the attributes and effects described above.
C. can neither take place nor be renounced to the prejudice of rights previously acquired by third parties.
A inappropriately flips the principle that extinction of the principal obligation extinguishes its accessories; the reverse is not true. D describes confusion, not compensation. B is incorrect because compensation may operate regardless of differing sources or places of performance.
In the case of the sale of an immovable:
A. the seller may disclaim the warranty against eviction but may not absolve himself of the obligation to return the purchase price if eviction occurs.
B. the seller may absolve himself of responsibility for an eviction that is occasioned by his own act, provided that he does so by clear and unambiguous language that is brought to the attention of the buyer and explained to him.
C. a buyer who avails himself of the warranty against eviction may recover from the seller the price he paid, the value of any fruits he had to return to the third person who evicted him, and also other damages sustained because of the eviction with the exception of any increase in value of the thing lost.
D. the liability of the seller upon the buyer’s eviction is limited to a return of double the purchase price.
E. the buyer’s action to enforce against a good faith seller the warranty eviction prescribes one year from the date of the sale.
C. a buyer who avails himself of the warranty against eviction may recover from the seller the price he paid, the value of any fruits he had to return to the third person who evicted him, and also other damages sustained because of the eviction with the exception of any increase in value of the thing lost.
Although it could be more precise, C is the best choice here. A buyer who successfully demonstrates breach of this warranty does receive the sums detailed, but damages only if he was unaware of the danger of eviction. A is incorrect because a sale at the buyer’s peril and risk even relieves the seller of the responsibility of returning the price. B is incorrect because a seller may not escape responsibility for his own act even through waivers of warranty. E describes the prescriptive period for breach of the warranty against redhibitory defects.
Which of the following is a correct statement of the law?
A. There is a management of affairs when a person acts with tacit authority to protect the interests of another, in the reasonable belief that the latter has authorized the action.
B. Management of affairs is synonymous with unjust enrichment.
C. A management of affairs is subject to the rules of mandate to the extent that those rules are compatible with management of affairs.
D. The owner whose affair has been managed is not bound to fulfill an obligation that the manager has undertaken as a prudent administrator if he repudiates the obligation upon the obligee’s demand for performance of the obligation.
E. One who assumes the management of affairs of another must exercise the care of a prudent administrator, but is answerable for any loss that results from his failure to do so only upon a showing of self-dealing, breach of fiduciary duty or bad faith.
C. A management of affairs is subject to the rules of mandate to the extent that those rules are compatible with management of affairs.
A is incorrect, since management of the affairs of another is a situation in which the manager acts without authority. Management of the affairs of another and unjust enrichment are two very different types of obligation, making B incorrect. D and E are wrong, as the person whose affairs were managed must fulfill the obligations the manager has undertaken and reimburse him necessary and useful expenses, while the manager is liable for loss he causes under the standard that he exercise care.
A relatively null contract:
A. is a contract that is considered by the law to be null because it is between relatives of the first degree of propinquity of consanguinity.
B. is a contract that violates a rule of public order.
C. is a contract that violates a rule intended for the protection of private parties.
D. is a contract the object of which is illicit or immoral.
E. may be annulled by any person in a suit for annulment brought within ten years from the time the ground for nullity either ceased or was discovered.
C. is a contract that violates a rule intended for the protection of private parties.
B and D describe absolute nullities. E inaccurately describes the prescriptive period; it is five years, not ten.
Which of the following must be in writing to be enforceable? (NOTE: Each alternative choice below should be considered a correct answer only if ALL of the types of agreements enumerated in the choice must be in writing to be enforceable)
A. The sale, lease and mortgage of an immovable.
B. A mortgage, a security agreement, and a contract having a price or value exceeding $500.
C. A suretyship, a transaction or compromise that is reached out of open court; and a conventional mortgage.
D. The sale of future things, the sale of a hope and the sale of a thing pending litigation of ownership.
E. All of the above.
C. A suretyship, a transaction or compromise that is reached out of open court; and a conventional mortgage.
The lease of an immovable may be oral, so A is incorrect. B is wrong because a security agreement may be oral if the collateral is in the possession or control of the creditor. There is no requirement that sales of further things or hopes be in writing, making D incorrect.
A sale of litigious rights:
A. is an absolute nullity.
B. is a relative nullity.
C. gives the debtor the right to extinguish his obligation by paying to the assignee twice the price the assignee paid for the assignment.
D. reduces the debtor’s obligation by the amount paid by the assignee for the assignment.
E. has none of the attributes or effects described above.
E. has none of the attributes or effects described above.
Sales of litigious rights may be valid. They give rise to a right in the debtor to satisfy his duty by paying to the transferee the price the transferee has been paid. Thus, choices A through D are incorrect.
Which of the following is a correct statement of Louisiana law?
A. Interpretation of a contract is the determination of the common intent of the parties.
B. When the words of a contract are clear and explicit and lead to no absurd consequences, interpretation in search of the parties’ intent is nonetheless appropriate when necessary to conform the parties’ agreement to prevailing usages.
C. When the parties intend a contract of general scope but, to eliminate doubt, include a provision that describes a specific situation, the proper interpretation of the contract is to restrict its scope to that situation alone.
D. In case of doubt that cannot otherwise be resolved, a contract must be interpreted against the obligor and in favor of the oblige of a particular obligation.
E. All of the above.
A. Interpretation of a contract is the determination of the common intent of the parties.
Choice A is a verbatim quote of Louisiana Civil Code article 2045. B is incorrect because there is no room for interpretation if the plain meaning of a contract is clear. C is incorrect because it provides precisely the opposite rule of that set out in article 2052. D is incorrect because contracts are to be construed, in cases of doubt, against the obligee.
Which of the following is defined by the Louisiana Civil Code to be a synallagmatic contract by which one party binds himself to give to the other party the use and enjoyment of a thing for a term in exchange for a payment that the latter party binds himself to pay?
A. Usufruct by onerous title. B. Right of use. C. Lease. D. Deposit. E. Antichresis.
C. Lease.
This choice reproduces the definition of a lease from Louisiana Civil Code article 2668 exactly, except that it replaces the word “rent” with “payment,” to make the answer slightly less obvious.
Under the Louisiana Civil Code, which of the following is effective only if accomplished by clear and unambiguous language that is brought to the attention of the contracting parties?
A. A waiver of the vendor’s privilege.
B. A waiver of the seller’s right to assert lesion.
C. An express dissolution clause.
D. A clause that, in advance, excludes or limits the liability of one party for intentional or gross fault that causes damage to the other party.
E. None of the above.
E. None of the above.
A, B and C are valid whether or not called to the other party’s attention. D is not valid even if expressed in clear and unambiguous language that is brought to the other party’s attention [See La. Civ. Code art. 2004]
An aleatory contract is:
A. A contract under which the performance of either party’s obligation, or the extent of the performance, depends on an uncertain event.
B. A contract that does not express the true intent of the parties.
C. A contract in which the quantity of a contractual object is determined by the output of one party or the requirements of another.
D. A contract having as its object a covenant that a third person will incur an obligation or render a performance.
E. A contract for which the law supplies no special designation.
A. A contract under which the performance of either party’s obligation, or the extent of the performance, depends on an uncertain event.
The definition of an aleatory contract here comes directly from Louisiana Civil Code article 1912. B describes a simulation. C describes an outputs or requirements contract described in La. Civ. Code art. 1975. D describes a promesse de porte-fort. E describes an innominate contract.
Which of the following is not a ground for extinction of an obligation?
A. Performance. B. Novation. C. Subrogation. D. Remission. E. Confusion.
C. Subrogation.
Subrogation is not a method of extinguishing obligations. It merely transfers the credit-right of an obligation from one obligee to another.
When an immovable described as a certain and limited body is sold for a lump price with an expression of the extent of the immovable in the act of sale,
A. The expression of the measure does not give the seller the right to a proportionate increase of the price unless there is a surplus of more than one-twentieth of the extent specified in the act of sale.
B. The price must be proportionately reduced if the seller is unable to deliver the full extent specified in the act of sale.
C. The buyer must pay to the seller a proportionate supplement of the price if the extent delivered by the seller is greater than that specified in the act of sale.
D. The buyer may recede from the sale if the actual extent of the immovable sold exceeds by more than one-twentieth the extent specified in the act of sale.
E. The expression of the extent of the immovable does not give the parties any right to an increase or diminution of the price in case of surplus or shortage in the actual extent of the immovable.
E. The expression of the extent of the immovable does not give the parties any right to an increase or diminution of the price in case of surplus or shortage in the actual extent of the immovable.
The situation described here, a sale of a certain and limited body for a lump price with an expression of quantity describes a sale per aversionem. In such sales, there is no adjustment of price, up or down, for a discrepancy between the represented and actual extent of the immovable.
Which of the following is a correct statement of Louisiana law?
A. A hope may be the object of a contract of sale.
B. A lease of a thing that does not belong to the lessor is an absolute nullity.
C. A future thing may not be the object of a contract of sale.
D. The sale of a thing belonging to another is an absolute nullity.
E. The sale of a litigious right is an absolute nullity.
A. A hope may be the object of a contract of sale.
A hope may be sold in Louisiana. The only other tempting choice is D. The sale of a thing belonging to another is ineffective, but it is not an absolute nullity. One must remember that such a sale may become valid under the after-acquired title doctrine.
Delivery of the thing is essential to the effectiveness between the parties of:
A. A sale of a movable. B. A lease of a movable. C. A giving in payment. D. A contract of exchange. E. A security interest.
C. A giving in payment.
Delivery is typically not required for the effectiveness of transactions between the parties. The exception in this list is the giving in payment. Its existence requires the delivery of a thing in satisfaction of a debt.
Which of the following matters is effective as to a third person even though not evidenced of record?
A. A matter of capacity or authority.
B. The occurrence of a suspensive or resolutory condition.
C. The exercise of an option or right of first refusal.
D. A termination of rights that depends upon the occurrence of a condition.
E. All of the above.
E. All of the above.
Louisiana Civil Code article 3339 expressly lists each of these items as transactions or occurrences which are effective against third parties even absent recordation.
Which of the following is not a method of extinction of a mortgage?
A. The extinction or destruction of the thing mortgaged.
B. Confusion as a result of the obligee’s acquiring ownership of the thing mortgaged.
C. Prescription of all the obligations that the mortgage secures.
D. The mortgagor’s tender of substitute collateral for the secured obligation.
E. Consent of the mortgagee.
D. The mortgagor’s tender of substitute collateral for the secured obligation.
All of the others are explicitly mentioned in Article 3319 of the Civil Code.
Which of the following is a correct statement of Louisiana law?
A. In the absence of contrary agreement, a mandatary is authorized to appoint a substitute.
B. If the mandatary exceeds his authority, he is answerable to the principal for resulting loss that the principal sustains.
C. A mandatary acts outside the limits of his authority when he fulfills his duties in a manner more advantageous to the principal than was authorized.
D. The principal is not bound to reimburse the mandatary for the expenses and charges he has incurred if the purpose of the mandate was not accomplished.
E. All of the above.
B. If the mandatary exceeds his authority, he is answerable to the principal for resulting loss that the principal sustains.
[A is incorrect because a mandatary may appoint a substitute only under circumstances which prevent the mandatary from acting personally when he is also unable to communicate with the principal. Choice A implies that the ability to appoint a substitute is the general rule. In fact, it is a very narrow exception to the rule that the mandatary must generally fulfill the mandate himself. C is not correct; a mandatary does not exceed his authority if he fulfills his duty in a way more advantageous to the principal than what was authorized. D is not correct, as the principal gets no relief from liability merely because the mandatary was unsuccessful.]
In a revocatory action seeking the annulment of a gratuitous contract made by an obligor, which of the following must the plaintiff prove?
A. That the contract caused or increased the obligor’s insolvency.
B. That the plaintiff has rights against the obligor upon a claim that was liquidated by a judgment prior to the execution of the contract.
C. That the other party to the contract knew that the contract would cause or increase the obligor’s insolvency.
D. That the contract was made in fraud of the plaintiff’s rights.
E. All of the above.
A. That the contract caused or increased the obligor’s insolvency.
[The revocatory action allows an obligee to set aside the transaction of his obligor that causes or increases the obligor’s insolvency. To bring the action, the obligee must have a right which arose before the transaction sought to be set aside. There is no requirement that the obligee’s claim be liquidated, as B suggests. If the transaction the obligee seeks to set aside is gratuitous, whether the other party to it knew it would cause or increase the obligor’s insolvency is irrelevant, so C is incorrect. Finally, D is incorrect. The “fraud of the [plaintiff’s] rights” standard was removed from the revocatory action in the 1984 revision of the Obligations articles of the Civil Code.]
Subrogation is:
A. an assumption by a third person of an obligation of an obligor.
B. the extinguishment of a new obligation by the substitution of a new one.
C. an agreement under which a new obligor is substituted for a prior obligor who is discharged by the obligee.
D. the substitution of one person to the rights of another.
E. the extinguishment of obligations arising by operation of law when two persons owe to each other sums of money that are liquidated and presently due.
D. the substitution of one person to the rights of another.
[Choice A addresses an assumption, not a subrogation. B defines a novation. C seems to describe a subjective novation. E describes legal compensation.]
Which of the following is not a correct statement of Louisiana law?
A. Solidary suretyship exists when a person binds himself as a principal obligor by promising that a third person will incur an obligation or render a performance.
B. Suretyship is an accessory contract by which a person binds himself to a creditor to fulfill the obligation of another upon the failure of the latter to do so.
C. Suretyship must be express and in writing.
D. A surety who pays the principal obligation is subrogated by operation of law to the rights of the creditor.
E. The surety may assert against the creditor any defense to the principal obligation that the principal obligor could assert except lack of capacity or discharge in bankruptcy.
A. Solidary suretyship exists when a person binds himself as a principal obligor by promising that a third person will incur an obligation or render a performance.
[B, C, D and E are all correct statements concerning suretyship. A is incorrect because it does not describe “solidary suretyship,” rather it addresses a promesse de porte-fort under La. Civ. Code art. 1977. Solidary suretyship exists by default when more than one surety has guaranteed the same debt. A is further made incorrect by its language that suretyship exists when a person binds himself as a “principal” obligor. Suretyship is an accessorial obligation and as such, a surety’s role is accessory to someone else being a principal obligor.]
A transfer of immovable property:
A. must be made by authentic act or by act under private signature duly acknowledged before a notary public.
B. is never valid unless in writing.
C. is valid between the parties, even though the agreement of transfer is oral, if the property has been actually delivered and the transferor recognizes the transfer when interrogated on oath.
D. has effect against third persons only from the time the instrument of transfer is filed for registry in the parish of domicile of the transferor.
E. is effective between the parties only if passed before a notary and two witnesses or entirely written, dated and signed in the handwriting of the transferor.
C. is valid between the parties, even though the agreement of transfer is oral, if the property has been actually delivered and the transferor recognizes the transfer when interrogated on oath.
[A transfer of immovable property must be made by an act under private signature, or some more elaborate form (such as an authentic act). However, there is an exception between the parties which makes an oral transfer recognized under oath valid where the property has been delivered. A is incorrect because an act under private signature will suffice. B is incorrect because of the word “never,” which fails to recognize the exception to the general rule, detailed above. D is incorrect because the Public Records Doctrine would require filing of an act affecting immovable property in the parish where the property is situated, not in the parish of a particular party’s domicile. E seems to bring in requirements relevant to wills, not the basic transfer of immovables.]
In the case of an assumption agreed upon by an obligee and an assuming obligor:
A. the agreement effects a release of the original obligor.
B. the assuming obligor may raise against the obligee any defense based on the relationship between the assuming obligor and the original obligor.
C. the assuming obligor may invoke compensation based on an obligation owed by the obligee to the original obligor.
D. the assuming obligor is subrogated by operation of law to the rights of the original obligor in any property of the latter given as security for the assumed obligation.
E. the agreement between the assuming obligor and the obligee must be made in writing.
E. the agreement between the assuming obligor and the obligee must be made in writing.
[An assumption between the third party (“assuming obligor”) and the obligee must always be in writing. A is incorrect because the original obligor remains bound in an assumption. The defenses described in B may not be asserted in this form of assumption. C and D simply have no basis in the law.]
A contract made by a person without legal capacity:
A. is absolutely null.
B. is relatively null.
C. may be rescinded at the request of any party to the contract.
D. is not susceptible of confirmation.
E. does not give rise to a natural obligation, regardless of whether the incapable person was endowed with discernment.
B. is relatively null.
[The Civil Code provides that contracts made by a person lacking capacity are relative nullities. C and D are incorrect, as a relative nullity may be asserted only by the person for whose interest the nullity exists and relative nullities may be confirmed. E is incorrect because the Civil Code expressly lists a contract made by an incapacitated person as an example of a scenario giving rise to a natural obligation.]
Which of the following is a correct statement of Louisiana law?
A. A depositary is bound to return the precise thing that he received in deposit.
B. A deposit is a contract by which a person delivers an immovable to another for safekeeping under the obligation of returning it to the depositor upon demand.
C. The formation of a contract of deposit is complete upon agreement of the thing, price and consent of the parties, regardless of whether the thing has been delivered to the depositary.
D. The depositary may use the thing deposited unless this right has been interdicted in the contract of deposit.
E. If the deposit is onerous, the depositary is responsible for loss resulting from an irresistible force.
A. A depositary is bound to return the precise thing that he received in deposit.
[The very nature of the contract of deposit is the safeguarding of a thing to be returned to the depositor. The contract may pertain to immovable or movable property, which makes B incorrect. The contract is not effective until delivery, which makes C incorrect. D is wrong, as the depositary may not use the deposited thing unless he has the express or implied permission of the depositor. And E is not correct, as neither onerous nor gratuitous depositaries are responsible for losses caused by a force majeure. Such forces typically extinguish obligations as a result of impossibility of performance.]
When an obligation is alternative,
A. the obligor is bound to multiple items of performance that must be separately rendered or enforced, each item being regarded as the object of a separate obligation.
B. the choice of the item of performance belongs to the obligee unless it has been expressly or impliedly granted to the obligor.
C. the obligor is bound to render only one of two or more items of performance.
D. the obligor may perform the obligation by rendering as performance a part of one item and a part of another.
E. the obligation is wholly extinguished if one of several items of performance contemplated in the alternative obligation becomes impossible or unlawful without the obligor’s fault.
C. the obligor is bound to render only one of two or more items of performance.
[Choice A describes a conjunctive obligation. B is incorrect, because the choice in an alternative obligation generally belongs to the obligor, not the obligee. D is wrong, as an alternative obligation requires the obligor to choose and render an entire performance. E is incorrect because, if some of the items of performance in an alternative obligation become impossible without obligor fault, he must render one of the performances which remain.]
In a lease of immovable property to be occupied as a dwelling, the lessor warrants:
A. that the thing is suitable for the purpose for which it was leased.
B. that the thing is free of vices and defects that prevent its use for the purpose for which it was leased.
C. that the lessee will have peaceful possession of the leased thing against any person who asserts ownership, or right to possession of, or any other right in the thing.
D. that the lessee will have peaceful possession of the leased thing against any person who, with the lessor’s consent, has access to the thing or occupies adjacent property belonging to the lessor.
E. All of the above.
E. All of the above.
[The lessor makes all of the warranties described here in a lease.]
