LA BAR EXAM CODE I: PERSONS AND DOMICILE Flashcards
What is a natural person?
A “natural person” is a human being.
What is a juridical person?
An entity to which law attributes personality is a juridical person.
What is a person’s domicile?
The domicile of a natural person is the place of his habitual residence. The domicile of a juridical person is either the state of formation or the state of its principal place of business, whichever is more pertinent. Domicile requires presence and intent.
What is a marriage?
According to Louisiana law, marriage is a legal relationship between two people created by civil contract.
What are the prerequisites to a valid marriage?
For a marriage to be valid, there must be (i) no legal impediments; (ii) a marriage ceremony; and (iii) mutual consent of both parties expressed at the ceremony.
What are the legal impediments to a valid marriage?
Legal impediments to a valid marriage are (i) an existing marriage, (ii) the spouses are too closely related, or (iii) age. Minors under 16 can not contract marriage and minors 16 or 17 can not contract with a major who is older by three years or more.
What makes a marriage absolutely null?
A marriage is absolutely null when contracted either: (i) in violation of any legal impediment or (ii) without a valid marriage ceremony attended by both parties. An absolutely null marriage is devoid of all legal effect from the moment of its inception.
What makes a marriage relatively null?
A marriage lacking consent may be declared relatively null. A relatively null marriage is valid and produces civil effects until officially declared null by the court.
What are the civil effects of marriage?
The civil effects of marriage include the right to community property and the right to receive spousal support.
What is the putative marriage doctrine?
The putative marriage doctrine (children are considered marital children, spouse eligible for spousal support) applies when a marriage is absolutely null, but at least one of the spouses married in good faith (that is, held an honest and reasonable belief that there were no legal impediments to the marriage).
When do the civil effects of a putative marriage end?
Ordinarily, civil effects end when a party’s good faith ends. However, when the cause for nullity of the marriage is the other party’s (ex. wife’s prior undissolved marriage) a spouse’s civil effects will not end even though he is no longer in good faith. His civil effects will continue until his marriage is pronounced null or until he remarries.
Can the good faith party of a putative marriage receive final spousal support?
To receive final spousal support, the claimant spouse must be free from fault.
What is interim spousal support?
Interim spousal support maintains the financial status quo until judgment of divorce. A court may award interim support in divorce: (i) when one spouse has a need, and (ii) when the other spouse has the ability to pay, (iii) considering any interim or final child support obligation, and (iv) based on the standard of living the parties enjoyed during the marriage. Fault is irrelevant. An award of interim spousal support generally terminates 180 days from the judgment of divorce.
What is final spousal support?
A court may award final periodic support to a party: (i) based on the needs of the claimant spouse; (ii) based on the ability of the other party to pay; and (iii) only when the claimant spouse is free from fault prior to the filing of a proceeding to terminate the marriage. If the divorce is based on fault or abuse, that spouse is presumed to be entitled to final support.
How does a marriage terminate?
Marriage terminates on: (i) death of either spouse; (ii) a judicial declaration of nullity; or (iii) the entry of a judgment of divorce.