Louisiana Civil Code

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CHAPTER 8 - OF DONATIONS INTER VIVOS MADE IN CONTEMPLATION OF MARRIAGE BY THIRD PERSONS

 

SECTION 1 - IN GENERAL

Art. 1734. Any third person may make a donation inter vivos in contemplation of a prospective marriage in accordance with the provisions of this Chapter. Such a donation shall be governed by the rules applicable to donations inter vivos in general, including the rules pertaining to the reduction of donations that exceed the disposable portion, but only insofar as those general rules are not modified by the following Articles.

A donation inter vivos by a third person in contemplation of a prospective marriage that is not made in accordance with the provisions of this Chapter shall be governed solely by the rules applicable to donations inter vivos in general. [Acts 2004, No. 619, §1, eff. Sept. 1, 2005]

Art. 1735. The donation shall be made by a single instrument in authentic form. The instrument, which shall expressly state that the donor makes the donation in contemplation of the marriage of the prospective spouses, shall be signed at the same time and at the same place by the donor and by both of the prospective spouses.

The donation need not be accepted in express terms. [Acts 2004, No. 619, §1, eff. Sept. 1, 2005]

Art. 1736. The donation shall be made subject to the suspensive condition that the prospective marriage shall take place. [Acts 2004, No. 619, §1, eff. Sept. 1, 2005]

 

SECTION 2 - DONATIONS OF PRESENT PROPERTY

Art. 1737. The donor may donate any of his present property to both or one of the prospective spouses. The donation may not, however, be made to their common descendants, whether already born or to be born. [Acts 2004, No. 619, §1, eff. Sept. 1, 2005]

 

SECTION 3 - DONATIONS OF PROPERTY TO BE LEFT AT DEATH

Art. 1738. The donor may donate all or any of the property that he will leave at his death (1) to both or one of the prospective spouses or (2) to both or one of them and, in the event that they or he predecease the donor or, once the donor's succession is opened, they or he either renounce the donation or are declared unworthy to receive it, to their common descendants, whether already born or to be born.

The donation is presumed to be made in favor of the common descendants of the spouses, even if, in the act of donation, the donor does not mention them. [Acts 2004, No. 619, §1, eff. Sept. 1, 2005]

Art. 1739. A donation of property that the donor will leave at his death is irrevocable only in the sense that the donor may no longer dispose of the property by gratuitous title, save for dispositions of modest value. Nevertheless, the donor remains the owner of the property and, as such, retains the full liberty of disposing of it by onerous title, in the absence of an express stipulation to the contrary. [Acts 2004, No. 619, §1, eff. Sept. 1, 2005]

Art. 1740. If the common descendants of the spouses find themselves substituted to both or one of the spouses, the property to which the common descendants are entitled shall be divided among them in accordance with the provisions of Chapter 2 of Title I of Book III. [Acts 2004, No. 619, §1, eff. Sept. 1, 2005]

Art. 1741. If every one of the donees, including the substitutes, predeceases the donor or, once the donor's succession is opened, renounces the donation or is declared unworthy to receive it, the donation becomes of no effect at all. The object of the donation falls to the donor's heirs or legatees, as the case may be.

If the donation has been made to both spouses and to their common descendants, and if one of the spouses predeceases the donor or, once the donor's succession is opened, renounces the donation or is declared unworthy to receive it, the donation becomes of no effect only with respect to that spouse. To that extent, accretion takes place in favor of the surviving spouse, if the donation has been made to the spouses jointly, or substitution takes place in favor of their common descendants, if the donation has been made to the spouses separately.

If the donation has been made to both spouses, but not to their common descendants, and if one of the spouses predeceases the donor or, once the donor's succession is opened, renounces the donation or is declared unworthy to receive it, the donation becomes of no effect only with respect to that spouse. To that extent, the object of the donation accretes to the surviving spouse, if the donation has been made to the spouses jointly, or falls to the donor's heirs or legatees, as the case may be, if the donation has been made to the spouses separately.

If the donation has been made to one spouse only and to the spouses' common descendants, and if the donee spouse predeceases the donor or, once the donor's succession is opened, renounces the donation or is declared unworthy to receive it, the donation becomes of no effect with respect to the donee spouse. Substitution takes place in favor of the spouses' common descendants. [Acts 2004, No. 619, §1, eff. Sept. 1, 2005]

Art. 1742. The donee of a donation of property that the donor will leave at his death has the right to accept or renounce the succession of the donor in accordance with the provisions of Chapter 6 of Title I of Book III. [Acts 2004, No. 619, §1, eff. Sept. 1, 2005]

Art. 1743. The donee of a universal or general donation of property that the donor will leave at his death, as a universal successor of the donor, is answerable for the debts of the estate of the donor in accordance with the provisions of Chapter 13 of Title I of Book III. [Acts 2004, No. 619, §1, eff. Sept. 1, 2005]