LA 2019 Notary Prep. ---DEFINITIONS

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DEFINITIONS AND VOCABULARY WORDS
Dajuana W
Flashcards by Dajuana W, updated more than 1 year ago
Dajuana W
Created by Dajuana W about 5 years ago
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A formal declaration by parties before a notary public in the presence of two witnesses by the person who signs an instrument to the effect that it is his own free and voluntary act done for the purposes therein expressed. As stated in Civil Code article 1836, an act under private signature is regarded prima facia as the true and genuine act of a party executing it when his signature is acknowledged, and the act shall be admitted in evidence w/out further proof. (see Act Under Private Signature) Acknowledgment
A history of a title to property as revealed by the public record. Abstract
Clause used in an installment note and mortgage which give the lender the right to demand payment in full upon the happening of a certain event such as failure to pay an installment by a certain date, change of ownership w/out the lender's consent, destruction of the prop., or other event which endangers the security of the loan. Acceleration Clause
C.C. art. 1913 A contract when it is made to provide security for the performance of an obligation. (Suretyship, mortgage, pledge, and other types of security agreements are examples) Accessory Contract
Acquiring title to additions or improvements to property as a result of natural growth, labor, the annexation of fixtures or the accretion of alluvial deposits along the banks of streams. C.C. art. 483, et seq. Accession
Any act or instrument in writing signed by the parties in the presence of two witnesses and then taken by the party(ies) or the witness(es) before a notary and two witnesses; the original act was signed out of the presence of the notary. Acknowledged Act
A formal written declaration whereby a person establishes himself as the natural father of a child. Acknowledgment of Paternity
A civilian concept referring to the matrimonial regime of community property; _?_ means all things acquired; _?_ is the increase in the value of property through skill or labor of a person, particularly a spouse. (see C.C. art. 2338) Acquets and Gains
A release usually in writing from an obligation. Acquittance
A mode of acquiring ownership of other real rights by uninterrupted possession for a period of time. Acquisitive Prescription
An act or instrument, in writing signed by a person or persons not in the presence of a notary that may or may not be witnessed. Act Under Private Signature
A person appointed by the court as the succession representative to manage the assets and liabilities of an intestate decedent. Administrator
One who makes an affidavit. Affiant
A declaration or statement of facts personally known to the affiant reduced in writing and sworn to by the affiant before a notary. Affidavit
A contract. Agreement
Binding contract to buy and sell in future. Agreement to Sell and Buy
Clause giving full status of a natural or juridical person (e.g., corporation, or partnership) in any legal instrument. Appearance Clause
An agreement in which the effects thereof depend on an uncertain event. C.C. art. 2982 Aleatory Contract
To transfer property or a right to the ownership of another, especially by an act of the owner rather than by inheritance. Alienate
An increase to the land caused by the buildup of deposits from running water. Alluvion
1. Additions or improvements as a result of natural growth, labor, the annexation of fixtures or the _?_ of alluvial deposits along the banks of streams. C.C. art. 483 et seq. 2. In succession law, the increase of property to an heir or legatee resulting from the failure of another heir or legatee to take the property either by death of the heir or legatee, renunciation, failure of the legacy, or the heir being ineligible to inherit. 3. In trust law, an increase in a beneficiary's interest in the trust income or principle (or both) that occurs because of the inability of another beneficiary to receive his interest; usually as a result of beneficiary's death or refusal of an interest. Accretion
A writing executed before a notary public or other officer authorized to perform that function, in the presence of two witnesses, and signed by each party who executed it, by each witness, and by each notary public before whom it was executed. (pg. 8 & 624) Authentic Act
To witness something. (pg. 9 & 624) Attest
An act of sale in which the buyer agrees to assume payment of the seller's mortgage. Assumption Deed
The transfer of a claim, right, interest, or property from one to another; the instrument by which this transfer is effected. Assignment
One who precede in lineage (parent, grandparent); an ancestor. Ascendant
A right, privilege, or property that's considered incident to the principal property for purposes such as passage of title, conveyance, or inheritance; a thing that is necessarily connected with the use and enjoyment of another thing. --State Farm Fire & Casualty, CO. v. Shiffer 399 So.2d 1250--(LA.App. 1st Cir.1981) Appurtenances
The record of all sales and donations of immovable property kept by the clerk of court of each parish. (pg. 327) CONVEYANCE RECORDS
Property usually, in the custody of a third party for delivery to another only after the fulfillment of the conditions specified. (pg. 629) ESCROW
a "fixed date"; date certain (pg. 69) FECHA CIERTA
real property; real estate (pg. 632) IMMOVABLE
The beneficiary of certain trusts. (pg. 13) CESTUI QUE USE
System of laws derived from Roman law. (pg. 14) CIVIL LAW
A collection of laws. (pg. 626) CODE
Religious system based on the teaching of the Koran. (pg. 13) ISLAMIC LAW QUASI
A legal system that incorporates the fundamental precepts of socialism in its substantive law. (pg. 13) SOCIALISM
The concept of precedence whereby judicial decisions play a significant role in the evolution of the law. (pg. 14) STARE DECISIS
The actual rules that govern the society, rather than the rules of legal procedure, which govern the operation of the legal system. (pg. 13) SUBSTANTIVE LAW
Meeting of family members to decide certain questions, usually relating to the rearing of a minor child whose parent(s) are deceased. (pg. 20) FAMILY MEETING
A written list or catalog of the property of a person or succession that is made under oath and that usually describes and assigns a value to each item of property. INVENTORY
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