Term
| What does Gratuitous mean? |
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Definition
| A k is gratuitous when one party obligates himself towards another for the benefit of the latter, without obtaining any advantage in return. |
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Term
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Definition
| The donation rules don't apply when the obligations on the donee result in a material advantage to the donor unless at the time of the donation the cost of performing the obligation is less than 2/3 of the value of thing donated. |
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Term
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Definition
| a lawful, volitional act inteded to have legal consequences |
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Term
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Definition
Gratuitous of predominately gratuitous act
juridical act
where by one person disposes of a thing with donative intent. |
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Term
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Definition
| a lawful, volitional act inteded to have legal consequences |
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Term
| What are the requirements when you are trying to probate anything that is not original valid will? |
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Definition
1) Valid will
(2) the content
(3) search made
(4) the testator did not revoke |
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Term
| What are the requirements to revoke a legacy? |
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Definition
1. Declared in one of the forms of prescribed testaments
2. Makes a subsequent incompatible disposition
3. Makes a subsequent DIV disposition of the thing that is the object of the legacy and does not readquire is
4. Clearly revokes the testament by a signed writing
5. Is divorced from the legatee after the testament is executed and a the time of his death |
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Term
| What form do all transfers of immovable ppty need to be in? |
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Definition
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Term
| What happens when a legacy is revoke? |
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Definition
1. Pretend the legacy was never written
2. If you treat it as never having been written, put it in the closet category that would "catch" it. |
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Term
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Definition
| ID the donor, donee, and the thing being donated or are reasonably ascertainable with extrinsic evidence. |
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Term
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Definition
1. AA
2. Can endorse and hand it over
3. Execute assignment in an act UPS |
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Term
| Why can a DIV be revoked? |
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Definition
| Ingratitude of if a condition was not fulfilled (supensive or resolutory) |
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Term
| What can be classified as ingratitude? |
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Definition
1. Attempt to kill donor
2. Crueltt, crimes or grevious injury
GI = anything "naturally offensive" |
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Term
| How long does a donor have to bring an action of ingratitude? |
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Definition
| 1 year from the date the donor knew or should have know and if the donor did not know, then one date from their death |
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Term
| What is the form for disinhersion? |
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Definition
1. Has to be in a form that would be sufficienct for a testament (Olo. and not.)
2. Have to expressly disinherit.
3. Have to name the person the FH
4. Need to get the cause + all the facts and circumstances |
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Term
| What are the reasons for just cause of disinhersion? |
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Definition
1. FH raised their hand to stirk/struck the parent (needs to more than threat)
2. FH is guilty or creulty, crime of grevious injury
a. GI: Psych damage
3. FH attempted to kill
4. FH accused the parent of committing a crime with a death sentence or life in prision
5. FH used violence or cohersion to prevent the parent from making a testament
6. FH is aminor that married w/o consent
7. Fh is convicted fo a crime that carries a Death Sencence or life in prison
8. Child is a major but fails to communicate with the parent, but knows how to contract, but does not do so |
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Term
| Affirmative Defenses to Disinhersion |
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Definition
1. Reconcilation – not defined, a bilateral action where the parent/gp forgives the FH and they try to fix the broken relationship
a. BOP: Don’t need proof in writing, but you need the person disinherited have to prove by C&C evidence.
2. Age/mental condition – FH bears BOP but the standard if preponderance
3. Lacked Intent – BOP is on FH and the burden is Preponderance
4. Justified – BOP is preponderance |
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Term
| The DIV or DMC cannot have conditions that are: |
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Definition
| Illegal, Immoral or impossible. |
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Term
| What do you need for a revocation? |
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Definition
| Revoking intent and proper form |
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Term
| Ways to revoke a entire testament |
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Definition
1) Physically destroys the testament, or has it destroyed at his direction.
(2) So declares in one of the forms prescribed for testaments or in an authentic act.
(3) Identifies and clearly revokes the testament by a writing that is entirely written and signed by the testator in his own handwriting. |
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Term
| How do you revoke a legacy or other testamentary provision? |
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Definition
(1) So declares in one of the forms prescribed for testaments.
(2) Makes a subsequent incompatible testamentary disposition or provision.
(3) Makes a subsequent inter vivos disposition of the thing that is the object of the legacy and does not reacquire it.
(4) Clearly revokes the provision or legacy by a signed writing on the testament itself.
(5) Is divorced from the legatee after the testament is executed and at the time of his death, unless the testator provides to the contrary. Testamentary designations or appointments of a spouse are revoked under the same circumstances. |
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Term
| Going through whether a donation is valid? |
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Definition
1. Do donations rule apply?
2. Is there donative intent/
3. Offer and acceptance |
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Term
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Definition
| Once a check is cashed the donation is complete back to the date the check was written |
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Term
| In the interim between a check being cashed and be written? |
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Definition
| If the check is written but not cashed and the donor dies, but if a AA was given then it would be firn, The check is no good is the donor dies before it is casehd. |
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Term
| If the DIV is not accepted in proper form... |
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Definition
| its is absolutely null but the donor can go back and fix it by making the DIV in proper form. |
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Term
| If the donor dies and the donee has not accepted? |
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Definition
| the donation is no good for a DIV, the donor must accept during the lifetime of the donor and donneee. When the donor dies the offer is dead, when the donor dies they can no longer accept |
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Term
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Definition
| permentantly incapable of taking care of persons or adminsitereing their estates |
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Term
| Conditions for both an olographic and notarial testament |
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Definition
a. In writing
b. By one person
c. No madataries
d. Cannot delegat to others the right to dispose of your porperty
Exception – can delegate certain rights to your executor
1. The power to choose which assets to fill a legacy
2. Decision of how to allocate to charities
3. Coniditions on a legacy |
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Term
| Sanction of invalid form for an olographic will? |
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Definition
| The olographic testament is absolutely null |
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Term
| Sanction of invalid form for an olographic will? |
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Definition
| The olographic testament is absolutely null |
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Term
| Sanction of invalid form when the testament is in invalid notarial form? |
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Definition
| If substantially compliant then its ok. Mention under 1573 the formalites have to be met or is abs. null |
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Term
| Standard for grievous injury for ingratitude? |
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Definition
| Naturally offensive to the donor. |
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