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Let's revisit redhibition; this time in the context of an international sale of a boat!

Nautimill S.A. v. Legacy Marine Transportation, 15-1065, 2016 WL 4137231 (E.D. La. Aug.4, 2016) Facts: Nautimill, a company based in Uruguay, was looking for a pushboat and contacted a vessel broker telling the broker their specific needs. The vessel broker found a pushboat that fit Nautimill's needs. After an inspection of the pushboat Nautimill bought the boat. Once the boat got to Uruguay the authorities inspecting the boat noticed that the engines did not have identification plates. Nautimill found out that the engines were not each 1,000 horsepower engines, as the broker lead Nautimill to believe they were, but both had a lower hoursepower than 1,000. Nautimill met with the vessel broke

Notary Publics in Louisiana

Notary Publics in Louisiana, unlike all 49 other States, are CIVIL LAW Notary Publics. Louisiana Notary Publics have training and duties similar to an attorney, and consequently have broad powers normally strictly reserved for lawyers & attorneys. Based upon the French Napoleonic Code, Louisiana's Civil Law System provides for Louisiana Notary Public’s to draft wills, prepare & execute affidavits, acknowledgements, authentic acts and powers of attorney. And, believe it or not, this can present challenges when working with constituents, both inside and outside the state of Louisiana. With the consolidation of local banks and mortgage companies into large multinational chains, many of the do

OTHER FACTS ABOUT NOTARIES AND NOTARIZATIONS IN LOUISIANA

A notary public is a “public ministerial officer,” an agent for the state, and a witness of notarial writing and signatures. To be an Acadiana Notaries, LLC notary public, one must be an honest, moral, and responsible member of our society. Notaries are appointed by the office of the Secretary of State after passing classroom education and strenuous testing. After appointment, Louisiana notaries must take an oath and sign a written acknowledgement called a jurat under seal. OTHER FACTS ABOUT NOTARIES AND NOTARIZATIONS IN LOUISIANA: Notarization does not guarantee that the information on a document is accurate or legal. The signer is responsible for the content of the document. The Notary Pub

THE PROVISIONAL CUSTODY BY MANDATE IS UTILIZED UNDER A NUMBER OF CIRCUMSTANCES BY PARENTS. LET'S

THE PROVISIONAL CUSTODY BY MANDATE IS UTILIZED UNDER A NUMBER OF CIRCUMSTANCES BY PARENTS. LET'S TAKE A LOOK... The laws pertaining to provisional custody by mandate are contained in LRS 9: 951 et seq., and not in the Civil Code. What is provisional custody by mandate? A person having parental authority over a child may delegate the provisional custody of that child by written mandate to any natural person. How long may this custody arrangement last, and how is it terminated? Article 952 advises: "A. The mandate of provisional custody shall be effective for the term stipulated, but the stated term shall not exceed one year from the date of execution. B. Regardless of the term stipulated, the

MUST THE DONATION OF A MOTOR VEHICLE BE ACCOMPLISHED BY AUTHENTIC ACT ONLY?

A donation inter vivos must generally be made by authentic act. La. Civ. Code art. 1541 (2014); See also La. Civ. Code art. 1833 (2014). However, under Civil Code article 1543, a donation inter vivos of a corporeal movable may be made by delivery of the thing to the donee without any other formality. Possession of the corporeal movable by the donee constitutes acceptance of the donation. La. Civ. Code art. 1544 (2014). A corporeal movable is a thing, whether animate or inanimate, that normally moves or can be moved from one place to another. La. Civ. Code art. 471 (2014). A motor vehicle is a corporeal movable. The donation of a motor vehicle is therefore governed by Civil Code article 1543.

Legislative Update – SB 358 Fails to report favorably from House Civil Law & Procedure Committee

Legislative Update – SB 358 Fails to report favorably from House Civil Law & Procedure Committee! posted May 1, 2018 by Gary M. O'Neal, Jr. The Louisiana Notary Association (LNA) & its Legislative Team have been following Senate Bill 358 (SB 358) by Senator Jay Luneau throughout the 2018 Regular Legislative Session. This bill would provide for electronic notarial acts in Louisiana. The LNA-along with a host of other trade associations and concerned citizens-has maintained consistent opposition to SB 358. While the LNA agrees with the concept of electronic notarial acts, the LNA does not believe SB 358 provides the necessary legal framework in relation to our unique civil law system here in L

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