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NOTARIAL EMANCIPATIONS HAVE CHANGED OVER THE YEARS. HERE'S A SHORT REFRESHER...

 

Article 368 of the Louisiana Civil Code gives the outline for doing a notarial emancipation which gives limited powers to the minor. It states that:


"An authentic act of limited emancipation confers upon a minor age sixteen or older the capacity to make the kinds of juridical acts specified therein, unless otherwise provided by law. The act shall be executed by the minor, and by the parents of the minor, if parental authority exists, or by the tutor of the minor, if parental authority does not exist. All other effects of minority shall continue."

 

As you can see, the age has changed from 15 to 16 for the minor to be eligible. The act must be an authenic act. The act also advises who must sign, and those signatories now includes the minor as well.

 

Can a notarial emancipation be modified by a subsequent notarial act? Article 371 tells us:


"The parties to an authentic act of limited emancipation may modify or terminate the limited emancipation by making a subsequent authentic act. In addition, a court, for good cause, may modify or terminate limited emancipation by authentic act.

 

An authentic act or judgment modifying or terminating limited emancipation by authentic act is effective toward third persons as to immovable property when the act or judgment is filed for registry in the conveyance records of the parish in which the property is situated and as to movables when the act or judgment is filed for registry in the conveyance records in the parish or parishes in which the minor was domiciled at the time of the act modifying or terminating limited emancipation by authentic act."

 

Most persons who allow their minor child to enter into such an emancipation do so because they believe doing so will divest them of liabilities for the delictual acts of the minor.

 

Examine article 2318 which states:


"The father and the mother are responsible for the damage occasioned by their minor child, who resides with them or who has been placed by them under the care of other persons, reserving to them recourse against those persons. However, the father and mother are not responsible for the damage occasioned by their minor child who has been emancipated by marriage, by judgment of full emancipation, or by judgment of limited emancipation that expressly relieves the parents of liability for damages occasioned by their minor child. The same responsibility attaches to the tutors of minors."

 

Notice that 2318 does not address relief from liability to the parents of a notarially emancipated minor.

 

Dan D. Schaneville

Statewide Notary Education, LLC

dan@statewidenotaryedu.com

2842 Valcour Aime Ave.

Baton Rouge, LA 70820

225-761-1354 (Office)

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