Proof of Obligations

Question 1

1831 Party must prove obligation

Answer 1

A party who demands performance of an obligation must be able to prove the existence of an obligation. A party who asserts that an obligation is null, modified or extinguished, must be able to prove the facts or acts giving rise to the nullity, modification, or extinction.

Question 2

1832 Written form required by law

Answer 2

When the law requires a contract be in written form, the contract may not be proven by testimony or presumption unless the written contract has been destroyed.
Where a writing is required for the validity of an act, that act may not be proved by any other means

Question 3

1833 Authentic Act

Answer 3

An authentic act is a writing executed before
1. A notary public
2. two witnesses
It is to be signed by each party who executed the document, by each witness and by the notary public. The typed or hand-printed name of each person shall be in legible form.

Question 4

1541 Form required for donations

Answer 4

a donation inter vivid shall be made by an authentic act under the penalty of absolute nullity, unless otherwise permitted by law

Question 5

1834 Act that fails to be authentic

Answer 5

An act that fails to be authentic bc of the lack of competence or capacity of the notary public, or bc of defect of form, may still be valid as an act under private signature.

Question 6

1835 Authentic act constitutes proof btwn parties and heirs

Answer 6

An authentic act constitutes full proof of the agreement it contains, as against the parties, their heirs, and successors by universal or particular title.

Question 7

1836 Act under private signature duly acknowledged

Answer 7

An act under private signature is regard prima facie as the true and genuine act of party executing it when his signature has been acknowledged, and the act shall be admitted in evidence w/o further proof.

Question 8

1837 Act under private signature

Answer 8

An act under private signature need not be written by the parties, but must be signed by them.

Question 9

1838 Party must acknowledge or deny signature

Answer 9

A party against whom an act under private signature is asserted must acknowledge his signature or deny that it is his.
In case of denial, any means of proof may be used to establish that the signature belongs to to that party.

Question 10

1839 Transfer of immovable property

Answer 10

A transfer of immovable property must be made by authentic act or by act under private signature. Nevertheless an oral transfer is valid between parties when the property has been actually delivered and the transferor recognized the transfer when interrogated on oath. An instrument involving immovable property shall have effect against third persons only from the time it is filed for registry in the parish where the property is located.

Question 11

1840 Copy of authentic act

Answer 11

When an authentic act or an acknowledged act under private signature has been filed for registry with a public officer, a copy of the act thus filed, when certified by that officer, constitutes proof of the contents of the original.

Question 12

1841 Copy of recorded writing

Answer 12

When an authentic act or an acknowledged act under private signature has been filed for registry with a public office, a copy of the act thus filed when certified by that officer, constitutes proof of the contents of the original.

Question 13

1842 Confirmation

Answer 13

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.

Question 14

1843 Ratification

Answer 14

Ratification is a declaration whereby a person gives his consent to an obligation incurred on his behalf by another without authority.
Ratification will occur when the principal, knowing of that contract, does not repudiate it but accepts its benefits.

Question 15

1844 Effects of confirmation and ratification

Answer 15

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.

Question 16

1845 Confirmation of donation

Answer 16

A donation inter vivid 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.

Question 17

1846 Contract not in excess of $500

Answer 17

When a writing is not required by law, a contract not reduced to writing, for a price or, in the absence of a price, for a value not in excess of $500 may be proved by competent evidence
over $500 contract must be proved by at least one witness and corroborating circumstances

Question 18

1847 Debt of third person and debt extinguished by prescription

Answer 18

Parol evidence is inadmissible to establish either a promise to pay the debt of a third person or a promise to pay a debt extinguished by prescription.

Question 19

1848 Testimonial or other evidence not admitted to disprove a writing

Answer 19

Testimonial or other evidence may not be admitted to negate or vary the contents of an authentic act or an under private signature. Nevertheless, in the interest of justice, that evidence may be admitted to prove such circumstances as a vice of consent or to prove that the written act was modified by a subsequent and valid oral agreement.

Question 20

1853 Judicial confession

Answer 20

A judicial confession is a declaration made by a party in a judicial proceeding. That confession constitutes full proof against the party who made it.
A judicial confess is indivisible, and may be revoked only on the ground of error of fact.