00000 Day 1 Extra Fcs

Front 1

Explain requirements for AP of immovable

Back 1

1. good faith - reasonable and honest belief that the possessor is the owner

2. just title - title that purports to transfer ownership (doesn't have to be good title)

3. possession - both the animus and the corpus

4. ten years


or

1. possession

2. 30 years

Front 2

When is an "other construction" a component part of the land and when is it movable or immovable?

Back 2

An other construction permanently attached to the ground does not become a component part of the land if it recorded its agreement to construct in the public records. it will be classified as a movable in that case.

Additionally, it may become a component part if it becomes an integral part of the land (i.e. raw material used in land like topsoil or vegetation)

other construction permanently attached to the ground and not recorded as belonging to a separate owner is immovable

Front 3

When can the owner of land demand removal of an "other construction"? component part?

Back 3

Owner can make a written demand to remove the construction and person can remove and restore to former condition, however if there is no removal within 90 days, owner would only have the right to appropriate ownership by sending a certified letter.

IF however, it is a component part of the land (integral part), could have it removed at other person's expense when they refuse to remove it after demand

Front 4

Explain the 4 types of dedication to public use

Back 4

1. formal = valid donation

2. statutory = recordation of a map or plat that describes streets, etc and that dedicates the streets to public use

3. tacit - gov maintains road for more than 3 years

4. implied - owner's plain intent to dedicated and public's clear intent to accept

Front 5

CP reimbursement rules

Back 5

Separate on separate = 100%

separate on community = 50%

community on separate = 50%

community labor on separate = one half of the increase in value attributed to separate labor (also if value of labor is undercompensated, reimbursement is due unless labor is by both spouses)

Front 6

movable by anticipation

Back 6

standing crops and ungathered fruits of trees that belong to someone other than the landowner or that are subject to a third party's security right

Front 7

Jim gives $5,000 to matt in his will. Matt owes jim $10,000. will that be used to satisfy the debt

Back 7

no, a legacy is not to be considered to be in payment of a debt unless the testament so provides expressly

Front 8

Eviction in exchange

Back 8

a person evicted from a thing received in an exchange may demand the value of the thing from which he was evicted or return of the thing he gave. in either case he may also seek damages

Front 9

How is a contract of sale distinguishable from a contract to build?

Back 9

builder must build in a good and workmanlike manner. governed by the rules of building contracts


-buyer has some control over the specifications of the object
-negotiations in a contract to build take place before the object is constructed
-contract contemplates one party will supply the materials and also furnish skill and labor


INSTEAD OF WARRANTY OF REDHIBITION, YOU GET A BREACH OF THE WARRANTY OF WORKMANLIFE PERFORMANCE

Front 10

effects of lesion

Back 10

buyer can either

1. return the thing
2. keep and give the seller a supplemental equal to the difference between the purchase price paid by the buyer and its fair market value


if already sold to a third party, recovery is limited to profit made on resale

Front 11

Limit on the right of redemption (right to take back the thing from the buyer)

Back 11

cannot be reserved for more than 10 years for immovable and 5 for movable

PEREMPTIVE

Front 12

A. explain buyer's breach of duty to pay and

B. breach of duty to take delivery

Back 12

A. (1) try to compel him to pay by offering delivery (2) dissolve the sale (3) seek enforcement through SP

B. liable for damages as well as expenses incurred for preservation of the thing

Front 13

What is the seller's right of resale

Back 13

upon failure to buy a movable, seller has right of resale whereby thing is sold to third party and buyer is held responsible for any loss realized

Front 14

3 requirements for a redhibitory defect

Back 14

1. not apparent

2. must not have been known to the buyer at the time of sale

3. must have existed at the time of delivery (if it appears within 3 days, presumption is met that it existed. otherwise buyer bears burden of proof - if appears soon after, only an inference - not required to show exact cause of malfunction)

Front 15

difference in liability of good faith seller v. bad faith seller for redhibitor defect

Back 15

GF= reasonable expenses and purchase price

BF= damages and attorneys fees in addition to above


BOTH are entitled to a deduction for the value of use of the thing derived by buyer

Front 16

PP for Redhibitory defect`

Back 16

for good faith seller - shorter of:

four years from date thing was delivered OR

one year buyer discovered the defect

however, if the thing sold is residential or commercial immovable property, PP against good faith seller is one year from date thing was DELIVERED
GF seller has right to opportunity to repair

Bad faith - one year from discovery of defect. (prescription interrupted when seller accepts the thing for repair and commences anew when tendered back but not entitled to opportunity to repair)

Front 17

explain compromise

Back 17

G Parties can enter into a contract of compromise to terminate a pending lawsuit or avoid the necessity of
filing a lawsuit
G A compromise must be in writing
G The cause of such an agreement is to settle a dispute or an uncertainty concerning an obligation or other
legal relationship

Front 18

What to remember when there is two prior sellers of property for purposes of defects

Back 18

subrogation would allow you to sue the first seller, asserting whatever rights the second seller might have against her

Front 19

The buyer who avails himself of the warranty of eviction may recover from the seller:

Back 19

1. the price he paid

2. the value of any fruits he had to return to the third person who evicted him

3. other damages sustained because of the eviction with the exception of the increase in value of the thing lost