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LA Notary
Glossary Words A-D
59
Law
Undergraduate 4
09/27/2012

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Term
Abstract
Definition
a history of the title to property as revealed by public records.
Term
Acceleration Clause
Definition
Clause used in an installment note & mortgage which gives the lender the right to demand payment in full upon the happening of a certain event, such as a failure to pay an installment by a certain date, change of ownership without the lender's consent, destruction of the property, or other even which endangers the security of the loan.
Term
Accessory Clause
Definition
A contract is _____ when it is made to provide security for the performance of an obligation. Ex: Suretyship, mortgage, pledge. La. C.C. art 1913
Term
Accession
Definition
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.
Term
Acknowledged Act
Definition
Any act or instrument in writing that was signed in the presence of 2 witnesses, no notary present for original act. Then taken by parties or witnesses to a notary.
Term
Acquets and Gains
Definition
A civilian concept reffering to the matrimonial regime of community property; _____=all things acquired, ____= increase in the value of property through the skill or labor of a person, particularly a spouse. C.C. art 2338
Term
Acquisitive Prescription
Definition
A mode of acquiring ownership of other real rights by uninterrupted possession for a period of time.
Term
Acquittance
Definition
A release from an obligation. (Usually in writing)
Term
Act under private signature
Definition
Any 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
Term
Administrator
Definition
A person appointed by the court as the succession representative to manage the assets and liabilities of an intestate decedent.
Term
Affiant
Definition
One who makes an affidavit
Term
Affidavit
Definition
A declaration or statement of facts personally known to the affiant reduced in writing and sworn by the affiant before a notary
Term
Agreement
Definition
A contract
Term
Agreement to sell or buy
Definition
Binding contract to buy and sell in future
Term
Aleatory contract
Definition
An agreement in which the effects thereof depend on an uncertain event. La. CC art. 2982
Term
Alienate
Definition
To transfer property or a right to the ownership of another, especially by an act of the owner rather than by inheritance
Term
Alluvion
Definition
An increase to the land caused by the buildup of deposits from running water
Term
Antichesis
Definition
A pledge of property "when the security given consists in immovables." Another words, A written contract by which the debtor pledges the revenues of an immovable to the creditor as security for a debt.
Term
Appearance Clause
Definition
Clause giving full status of a natural or juridical person in any legal instrument
Term
Appearer
Definition
A person who goes before an official authorized to administer oaths, take acknowledgements, or make authentic acts, and who makes a declaration, executes or acknowledges an instrument in writing
Term
Appraisal
Definition
The process of valuing property; a valuation by two or more appraisers who are appointed or authorized by the court to do so
Term
Appurtenances
Definition
A right, privilege, or property that is considered incident to the principal property for the purposes such as passage of title, conveyance, or inheritance; a thing that is necessarily connected with the use and enjoyment of another thing.
Term
Assignment
Definition
The transfer of a claim, right, interest, or property from one to another; the instrument by which this transfer is effected.
Term
Assumption deed
Definition
An act of sale in which the buyer agrees to assume payment of the seller's mortgage
Term
Base Line
Definition
East-West reference line
Term
Bequest
Definition
A disposition of property made by a testator (the person who makes a will)
Term
Bond
Definition
A guarantee of indemnity by any person, usually an insurance company; or giving security for another
Term
Bond, personal surety
Definition
A _____ provided by an individual, personally, on behalf of a notary. It must be recorded in the mortgage records in the parish where the notary holds commission. A notary who is bonded with a _____ only needs to provide a new bond if: 1. The surety dies 2.The surety is no longer solvent of $10,000 OR 3. If the surety withdraws his surety ship
Term
Bond-for-deed contract
Definition
A contract regarding immovable property whereby the vendor agrees to transfer title to the property when the purchase price is paid in full. The vendee is usually given possession during the existence of the contract.
Term
Cancellation of a Mortgage
Definition
A process where the clerk of court adjust the public records to reflect that the mortgage has been extinguished.
Term
Capacity
Definition
Parties, unless emancipated, must be 18 to contract. Witnesses to most instruments must be 14. Witnesses for wills must be 16.
Term
Cash Deed
Definition
Common-law term for an act of sale of immovable property- buyer pays & seller acknowledges receipt of the purchase price.
Term
Chattel
Definition
Used to designate movable property
Term
Code
Definition
A collection of laws; LA has many codes
Term
Codicil
Definition
Common-law term. An amendment, modification, supplement or addition to a will that must be in the form of a testament. CC art. 1610
Term
Collateral
Definition
Property in which a security interest is granted
Term
Collation
Definition
The supposed or real return to the mass of succession property given to forced heirs by donation inter vivos in order to divide the property with the other effects of the succession
Term
Common Things
Definition
Things that may not be owned by anyone (air, high seas)
Term
Community Property
Definition
A matrimonial regime whereby property acquired or produced through the labor of either spouse is owned in common by the husband & wife
Term
Component Parts of tracts of land
Definition
Buildings & other constructions permanently attached to the ground. Ex. unharvested crops or ungathered fruits of trees- belong to the owner of the ground
Term
Conditional obligation
Definition
An obligation that is dependent upon the occurrence of an uncertain event
Term
Confession of judgemnt
Definition
A person's agreement in a mortgage to the entry of judgement if he defaults on the obligation secured by the mortgage.
Term
Confusion
Definition
When the qualities of obligee and obligor are united in the same person, the obligation is extinguished by ______
Term
Conveyance Records
Definition
The record of all sales and donations of immovable property kept by the clerk of court of each parish.
Term
Corporeals
Definition
Things that have body, whether animate or inanimate, and can be felt or touched
Term
Counter Letter
Definition
Separate writing expressing the true intent of the parties rather than the intent purported to be manifested in another instrument; not binding on third parties unless recorded. CC art. 2025
Term
Credit Deed
Definition
Common-law term. An act of sale of immovable property on credit terms.
Term
Cum onere
Definition
When a vendee purchases immovable property but doesn't assume or agree to pay the indebtedness secured by the mortgage. It means "with burden"
Term
Curator
Definition
A court-appointed guardian who manages the affairs of another incapable of doing so himself
Term
Dation en paiement
Definition
An act in which a debtor transfers ownership of a thing to his creditor in payment of a debt; "giving in payment"
Term
Decedent
Definition
A person who has died
Term
De jure
Definition
french, "of law." An official who holds his office by law and who is possessed of all lawfully necessary qualifications for office.
Term
Dishonor
Definition
The non-acceptance of an instrument, such as a check or promissory note.
Term
Disinherison
Definition
A means of depriving a forced heir of his inheritance due to some act upon his part which the law deems sufficient cause.
Term
Disposable portion
Definition
The portion of a testator's property which he can will to anyone he chooses
Term
Donation Inter Vivos
Definition
A contract in which a donor gratuitously divest himself, at present and irrevocably, of the thing given to the donee, who accepts it.
Term
Donation Mortis causa
Definition
An act to take effect at the death of the donor by which he disposes of the whole or part of his property. It is revocable during the lifetime of the donor.
Term
Drawee
Definition
The party on which an order for the payment of money is drawn, usually a bank.
Term
Drawer
Definition
One that draws, especially one that draws an order for the payment of money
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