SUCC--Collation Quiz Stats

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Score 0/78 Timer 20:00
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Question Answer % Correct
WHO CAN DEMAND COLLATION?Forced heirs in 1st degree
100%
--Academic debate of whether who else can demand?Forced heirs by representation
100%
DEFINE COLLATIONprocess by which gifts given by decedent to his descendants are returned in kind or in value so they can be considered in division of succession
0%
PURPOSEevening up for children
0%
--Forced heirs in 1st degree is supported in CMTS that says grandchildren can't demand collation
0%
--What is the argument that they can?when child steps into place of parent by representation, child no longer in 2nd degree
0%
--This is currentlyunresolved
0%
--For forced heirs by representation, whose age are you looking at?predeceased parent
0%
THINGS SUBJECT TO COLLATION*
0%
Right to demand collation is limited to gifts and advantages given only to descendants who are called to the succession
0%
--and given during 3 years prior to donor's death
0%
--unless otherwisespecified by donor
0%
Presumptiongifts and advantages are presumed to be subject to collation
0%
--unless there is anexemption or proper dispensation
0%
2 requirements for proper dispensationSubstantive
0%
--Formal
0%
What is the substantive requirement?Donor has to express intent for property to not be subject to collation
0%
--how?unequivocally
0%
In what 3 forms must this expression be made in?instrument of disposition
0%
--authentic act made after disposition
0%
--last will and testament
0%
Grandchildren--what is important here?timing of gift
0%
If GC received gift/advantage from GP AFTER death of parent.. presumed to be subject to collation
0%
If received BEFORE death of parent...not presumed to be subject to collation
0%
If P received gift/advantage from GP, and if GC called to succession byrepresentation
0%
--then gift is presumed to be subject to collation
0%
--However, If GC is called to succession by____ in same situation as aboveright
0%
--then gift is presumed to be exempt
0%
Case out there that may present problems for this...Succession of Morgan
0%
--holdinggrandchildren don't have to collate debts of parents
0%
--when they are called to the succession by representation
0%
This case is most likelywrong
0%
THINGS EXEMPTED FROM COLLATION*
0%
--required obligations of parents (intended for minors)BOARD
0%
--SUPPORT
0%
--EDUCATION
0%
--APPRENTICESHIP
0%
--REALLY SMALL GIFTS
0%
--PROFITS MADE FROM TRANSACTIONS WITH PARENT
0%
Question Answer % Correct
--PROFITS MADE FROM PARTNERSHIP WITH DONOR PARENT
0%
--provided there wasno fraud
0%
--andconditions of partnership are proved by authentic act
0%
--FRUITS AND PRODUCTS OF PROPERTY SUBJECT TO COLLATION
0%
--that accruebefore written demand made
0%
GPs-->GC madeBEFORE DEATH OF PARENT
0%
GPs-->P when GC is CALLED TO SUCCESSION BY RIGHT
0%
THINGS COLLATABLEEXPENSES FOR GETTING KID SET UP FOR LIFE
0%
--because of 1248ADVANTAGES
0%
--collatable amount of advantage difference between market value and amount actually paid
0%
--article that poses a problem for this2444
0%
--becausesome courts have refused to collate
0%
--whenprice paid is more than one fourth of market value
0%
--why this article shouldn't apply1248 is specific to collation
0%
--CUSTOMARY MANUAL GIFTS
0%
--what is not the standard for this?family specific
0%
--DONATION IN DISGUISE
0%
--in some countries, themere act of donation in disguise constitutes dispensation
0%
--because it indicatesintent to dispense of collation
0%
--however, in LA, this isnot accepted
0%
--FRUITS AND PRODUCTS OF PROPERTY SUBJECT TO COLLATION
0%
--that accrueafter written demand made
0%
GPs-->GC madeAFTER DEATH OF PARENT
0%
GPs-->P when GC isCALLED TO SUCCESSION BY REPRESENTATION
0%
HOW COLLATION IS MADE*
0%
Immovables made byreturning object given or taking less
0%
--for takin less (in value), collate value at time ofsuccession opening
0%
Movables only madeby taking less
0%
--value isappraised value
0%
--at time of donation
0%
Moneymade in kind or in value
0%
--same as______immovable
0%
--except that value is ofdate of gift
0%
ANALYSIS FOR FINAL*
0%
1st-->WITHIN 3 YEAR LIMIT
0%
2nd-->CALLED TO SUCCESSION
0%
3rd-->PRESUMPTION OF COLLATION
0%
UNLESSEXEMPTION
0%
ORPROPER DISPENSATION
0%

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Created Nov 24, 2010ReportNominate

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