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:
| Element | Description |
|---|---|
| Consent | Mutual agreement of parties |
| Capacity | Legal ability to contract |
| Cause | Reason for the obligation |
| Lawful Object | Legal purpose |
Consent
Valid Consent Requires:
- Offer and acceptance
- Meeting of the minds
- Free from vices of consent
Vices of Consent (Invalidate Contract)
| Vice | Description |
|---|---|
| Error | Mistake about essential element |
| Fraud | Intentional misrepresentation |
| Duress | Threats or coercion |
| Undue Influence | Improper persuasion |
Capacity
Persons Lacking Capacity
| Category | Effect |
|---|---|
| Minors (under 18) | Generally incapable |
| Interdicts | Under court protection |
| Mentally Incapable | At time of contracting |
| Intoxicated | If incapable of understanding |
Emancipated Minors
Minors who are emancipated by marriage or court order may have capacity for certain acts.
Cause and Object
| Requirement | Description |
|---|---|
| Cause | The reason or motive for obligation |
| Object | What the contract concerns |
| Lawful | Both must be legal |
| Possible | Object 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.
| Aspect | Details |
|---|---|
| Applies to | Immovable property sales |
| Threshold | Price less than 50% of value |
| Time Limit | 4 years from sale |
| Remedy | Rescission or price supplement |
| Waiver | Cannot be waived in advance |
Form Requirements for Specific Contracts
| Contract Type | Required Form |
|---|---|
| Sale of Immovables | Authentic act or acknowledged signature |
| Mortgage | Authentic act |
| Donation of Immovables | Authentic act |
| Marriage Contract | Authentic act |
| Mandate for Immovables | Authentic act (if mandate authorizes such) |
Notary's Role in Contracts
Louisiana notaries can:
| Action | Permitted? |
|---|---|
| Draft contracts | Yes |
| Explain contract terms | Yes (general explanation) |
| Provide legal advice | No |
| Recommend terms | No |
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