Key Takeaways

  • Louisiana Civil Code governs contract formation and obligations
  • Contracts require consent, capacity, cause, and lawful object
  • Lesion beyond moiety can void immovable property sales
  • Vices of consent include error, fraud, and duress
  • Specific contracts have specific form requirements
Last updated: January 2026

Obligations and Contracts Under Louisiana Civil Code

Louisiana notaries must understand contract law because they can prepare legal documents including contracts.

Contract Formation Requirements

Four essential elements:

ElementDescription
ConsentMutual agreement of parties
CapacityLegal ability to contract
CauseReason for the obligation
Lawful ObjectLegal purpose

Consent

Valid Consent Requires:

  • Offer and acceptance
  • Meeting of the minds
  • Free from vices of consent

Vices of Consent (Invalidate Contract)

ViceDescription
ErrorMistake about essential element
FraudIntentional misrepresentation
DuressThreats or coercion
Undue InfluenceImproper persuasion

Capacity

Persons Lacking Capacity

CategoryEffect
Minors (under 18)Generally incapable
InterdictsUnder court protection
Mentally IncapableAt time of contracting
IntoxicatedIf incapable of understanding

Emancipated Minors

Minors who are emancipated by marriage or court order may have capacity for certain acts.

Cause and Object

RequirementDescription
CauseThe reason or motive for obligation
ObjectWhat the contract concerns
LawfulBoth must be legal
PossibleObject must be possible

Lesion Beyond Moiety

Unique to Louisiana: A seller of immovable property can rescind the sale if the price is less than half the fair market value.

AspectDetails
Applies toImmovable property sales
ThresholdPrice less than 50% of value
Time Limit4 years from sale
RemedyRescission or price supplement
WaiverCannot be waived in advance

Form Requirements for Specific Contracts

Contract TypeRequired Form
Sale of ImmovablesAuthentic act or acknowledged signature
MortgageAuthentic act
Donation of ImmovablesAuthentic act
Marriage ContractAuthentic act
Mandate for ImmovablesAuthentic act (if mandate authorizes such)

Notary's Role in Contracts

Louisiana notaries can:

ActionPermitted?
Draft contractsYes
Explain contract termsYes (general explanation)
Provide legal adviceNo
Recommend termsNo

On the Exam

  • Four elements: Consent, capacity, cause, object
  • Vices of consent: Error, fraud, duress
  • Lesion beyond moiety: Sale for less than half value
  • Form requirements: Vary by contract type
Test Your Knowledge

Under Louisiana law, "lesion beyond moiety" allows a seller of immovable property to rescind a sale if:

A
B
C
D
Test Your Knowledge

Which of the following is NOT a vice of consent that can invalidate a contract?

A
B
C
D