Persons, Community Property, Acquisitive Prescription
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Criado por Kathryn Conyers
mais de 8 anos atrás
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Stipulated Judgement
(Consent Judgement)
(Consent Decree)
What must be proven to change a custody Consent decree?
Considered decree
BOP to change Considered decree
BIOC Factors - to determine whether a custody arrangement should be modified
Visitation rights of parent not granted custody or joint custody
Types of "Right of Use"
What creates a valid servitude?
Personal Servitude
Predial Servitude
Affirmative predial servitude
Negative Predial servitude
How is a servitde terminated?
servitudes and imposition of real obligations
Servitudes - redecoration requirements
LA's Pure Race Public Records Provision
Enforceability of servitude
Prescription of non-use & servitudes
Building Restriction
(type of "covenant")
Building restrictions - General Plan
Enforcement of Building Restriction
Validity of Building Restriction
Building Restriction - Action to Enjoin
How to determine ownership interest in community property
Real subrogation
Community Property vs. Separate property
Classification of various types of $ or property as Communal or not
Community Property - Commissions
Declaration of Paraphernality
Community Property - Insurance Policies
Community Property - Interest and Dividents
Fruits and Revenues from Separate property
Community property & immovable property
Community Property - Rental Property
CommProp - Savings Accounts
Community Property - Damages from suit
Sale of separate property while married
Community property - inherited property
Reimbursement Claim
Legal requirements of appointment of curator
Interdiction
Curator
Process for removing a curator
Interdiction - Successor
Requirements / Factors for removing a curator
How to Amend Building Restrictions
How are building restrictions established
Civil Code 780
Recordation requirement for building restriction amendments
Brier Lake, Inc v. Jones
Abondonment of the building restriction
LA Civ Code art 782
Remedies to enforce compliance to building restriction
Reciprocity in Building restrictions
Liberative Rx for building restriction violation
How are building restrictions enforced?
Mandatory and Prohibitory injunctions - Building restrictions
Usufruct
Usufruct and reimbursement for expesnes
Nonconsumables and usufruct
Naked owner
Usufruct - ordinary maintenance/repairs
Usufruct - ordinary vs extraordinary repairs
Prudent administrator
What kind of losses is a usufructuary responsible for?
Termination of usufruct - usufructurary owes damages
Usufructuary over nonconsumables
Civil fruit
Domicile of a person
how to change domicile
Domicile - member of military
How does a service person establish a new domicile?
Factors for existence of a community property regime
Legal regime of acquets and gains & domicile at time of marriage
1984 rules of domicile of a married woman
repeal of LA CC art 39
Residence vs. Domicile
Community property regime when spouses are domiciled in two different states
Rights and obligations of spouses w/ regard to moveables (ex. retirement benefits) - does CP law govern?
Community property - pensions - what is spouse entitled to @ divorce
200702.3.4
Buildings built on community land after termination of community property regime
Special accession rules for spouses
Co-ownership rules applied to building built on community land after termination of marriage
Steps to divorce
102 Divorce
103(1) Divorce
Interim spousal support
Final Spousal Support
Factors considered for interim spousal support
Factors considered for final spousal support
Factors considered for child support
Presumed parent
Action to Disavow
Adopted child support
income shares model
Total child support obligation
Prescriptive period for presumption of paternity or maternity
Paternity action
LA RS 9:315
Servitudes
A provision that creates a charge (servitude) vs a contractual rigjt
heritability of a real charge (i.e. servitude)
How can Charges/Rights be created by operation of the law
Public thing
reciprocal predial servitudes
Property rights
rights of co-owners of immovable property
Holding property indivision
Partitioning of co-owned property
How long can co-owners of property agree not to partition
Procedure used to partition co-owned land
Judicial partition
Types of Partition
Partiton in Kind
Parttion in licitation
Management of co-owned property
Difference between products from immovable property and fruits and how are co-owners entitled?
Presumption of co-ownership shares
Improvments on co-owned immovable property
Null Marriage
impediment of bigamy
Action to annul
Is a divorce required to terminate a null marriage>
Rights of innocent spouse of null marriage
Putative marriage doctrine
child support to child of null marraige
how to protect rights of unborn child
Survival action for unborn fetus
who has capacity to sue on behalf of unborn child
How to overcome the presumption of community property
classification of property acquired in a credit sales
Does it matter that both names are on the title when property is purchased with separate funds?
Action required to change last name back to maiden name`
No fault divorce
Reconciliation
Interim spousal support - liquidation of assets
At-fault divorce
Abandonment of the matrimonial domicile
Max payment for final spousal support
Defenses to a divorce action
Comprehensive management plan
Usufruct of lands, timber, timberland
When a usufructuary can remove trees
Fruits vs Product and usufruct for nonconsumables
what constitutes timberland?
Proper venue for bringing action to modify a custody arrangement
Uniform child custody jurisdiction and enforcement act (UCCJEA)
Does a custody order need to name a domiciliary parent?
How to obtain a mental evaluation of a parent for custody purposes
How to obtain a temporary custody arrangement
ex parte order of temporary custody
temporary custody - time limits and rule to show cause
Transfer of ownership - Quitlclaim deed
Interdiction and Mandate
Factors for appointing curatrix
How to obtain ownership of immovables via prescription
10 year Acquisitive Rx for immovables
30 year Acquisitive Rx for immovables
Just title
Co-Owner Possession
Possession of a co-Owner
Precarious vs Adverse possession of co-owner
Running of prescription
How does posession convert to ownership
petitory action
Personal servitude of right of use
Classification of property principles
(i.e Classification of pipeline)
Other construction permanently attached
component parts
Moveables
Termination of servitude
abandonment of servitude
prescription of nonuse
Right to compel movement of property
access to servitude
repairs to property on servitude
