An alteration of a written instrument is a change in language of the instrument that is made by one of the parties to the instrument who is entitled to make the change. Any material alteration of a written instrument, after its execution, made by the owner or holder of the instrument, without the consent of the party to be charged, renders the instrument void as to the nonconsenting party. The party to be charged refers to that party or parties against whom enforcement of a contract or instrument is sought.
If a party consents to the alteration, the instrument will not be rendered invalid as to that party.
In Louisiana law, the Ratification of the Alteration of an Instrument Which Was Made after Execution by the Party to be Charged is an important legal concept that deals with the validation or acceptance of changes made to a document after it has been executed by the responsible party. This ratification signifies the party's intent to recognize and accept the alteration, making it legally binding. Here is a detailed description of this concept, including its types and relevant keywords: 1. Definition: Ratification of the Alteration of an Instrument Which Was Made after Execution by the Party to be Charged refers to the act of acknowledging and approving modifications made to a legally binding document after its execution. This process aims to confer legal validity to the amendments and ensures the responsible party's acceptance of those changes. 2. Process: When an instrument, such as a contract or a financial document, has been altered after execution without the consent or knowledge of all parties involved, the party initially being charged must ratify the alteration for it to have legal effect. This ratification can be done through explicit actions or implied behavior, as long as it indicates the party's intention to recognize and accept the changes made. 3. Importance: Ratification is significant in maintaining the integrity of legally enforceable documents in Louisiana. By allowing parties to validate alterations made after execution, this concept prevents disputes and uncertainties arising from unauthorized amendments and preserves the enforceability of the instrument in question. 4. Types of Ratification: In Louisiana, there are two types of ratification concerning the alteration of an instrument: a) Express Ratification: This occurs when the party being charged explicitly acknowledges and approves the modifications made to the document after its execution. Express ratification may involve signing an additional amendment or submitting a clear written statement confirming acceptance of the changes. b) Implied Ratification: Implied ratification is impliedly inferred from the conduct or behavior of the party being charged. It signifies an acceptance of the altered instrument through actions, such as using the modified document for subsequent transactions or acknowledging the changed terms without objection. 5. Legal Protection: The Ratification of the Alteration of an Instrument Which Was Made after Execution by the Party to be Charged provides legal protection to all parties involved. It ensures that the altered instrument carries the same legal weight as the original document, safeguarding the rights and obligations tied to it. Keywords: Louisiana law, Ratification, Alteration of an Instrument, Execution, Party to be Charged, Document, Validity, Legal Effect, Unauthorized Amendments, Express Ratification, Implied Ratification, Enforceability, Integrity, Legal Protection.
