Louisiana Civil Code

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CHAPTER 9 - OF INTERSPOUSAL DONATIONS INTER VIVOS

Art. 1744. A person may make a donation inter vivos to his future or present spouse in contemplation of or in consideration of their 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 that pertain 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 person to his future or present spouse in contemplation of or in consideration of their 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. 1745. The provisions of Chapter 8 of this Title shall apply mutatis mutandis to such donations, with the following modifications. [Acts 2004, No. 619, §1, eff. Sept. 1, 2005]

Art. 1746. The donation, which may consist of any of the donor's present property or all or any of the property that the donor will leave at his death, may be made to the donor's future or present spouse. 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]

Art. 1747. 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 his prospective marriage or in consideration of his present marriage, as the case may be, shall be signed at the same time and at the same place by the donor and by the donee.

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

Art. 1748. If the donation consists of present property, it is presumed not to have been made subject to the resolutory condition that the donor survive the donee or survive the donee and his descendants. [Acts 2004, No. 619, §1, eff. Sept. 1, 2005]

Art. 1749. When the donation consists of property that the donor will leave at his death, it becomes of no effect and the object thereof thereupon falls to the heirs or legatees of the donor spouse, as the case may be, if the donee predeceases the donor or, once the donor's succession is opened, renounces the donation or is declared unworthy to receive it. [Acts 2004, No. 619, §1, eff. Sept. 1, 2005]

Art. 1750. A donation made during marriage of property that the donor will leave at his death is freely revocable, notwithstanding any stipulation to the contrary. [Acts 1990, No. 147, §1, eff. July 1, 1990; Acts 1995, No. 1180, §1, eff. Jan. 1, 1996; Acts 2004, No. 619, §1, eff. Sept. 1, 2005]

Art. 1751. A donation of property that the donor will leave at his death is absolutely null if it is disguised or made to a person interposed to his spouse.

The following are reputed to be such person interposed:

(1) a child of the donee spouse who is not among the spouses' common children; or

(2) a person to whom the donee spouse is a presumptive successor at the time when the donation is made, even if the donee spouse does not thereafter survive that person. [Acts 2004, No. 619, §1, eff. Sept. 1, 2005]

Art. 1752. [Repealed. Acts 1990, No. 147, §3, eff. July 1, 1990]

Art. 1753. [Repealed. Acts 1918, No. 238, §1]

Arts. 1754-1755. [Repealed. Acts 2004, No. 619, §1, eff. September 1, 2005]

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