TITLE II. OF DONATIONS INTER VIVOS (BETWEEN LIVING PERSONS) AND MORTIS CAUSA (IN PROSPECT OF DEATH) part 2

Art. 1600. Limited period of validity after testator's return

The testament, made in the form above prescribed, shall be null, six months after the return of the testator to a place where he has an opportunity to employ the ordinary forms.

Art. 1601. Testaments made at sea

Testaments made during a voyage at sea, may be received by the captain or master, in presence of three witnesses taken by preference from among the passengers; in default of passengers from among the crew.

Art. 1602. Restriction on dispositions in favor of crew

The testament made at sea can contain no disposition in favor of any of the persons employed on board the vessel, unless they be relations of the testator.

Art. 1603. Formalities required for testaments made at sea

This testament, like the preceding one, is subject to no other formality than that of being reduced to writing, and being signed by the testator, if he can write, by him who receives it, and by those in whose presence it is received.

Art. 1604. Limited period of validity of testament made at sea

The testament made at sea shall not be valid unless the testator dies at sea, or within three months after he has landed in a place where is able to make it in the ordinary forms.

SECTION 4. OF TESTAMENTARY DISPOSITIONS

Art. 1605. Kinds of legacies

Testamentary dispositions are either universal, under a universal title, or under a particular title.

Each of these dispositions, whether it be made under the name of institution of heir, or under the name of legacy, shall have its effect, according to the rules hereafter established for universal legacies, for legacies under a universal title, and for particular legacies.

1 - of Universal Legacies

Art. 1606. Universal legacy, definition

A universal legacy is a testamentary disposition, by which the testator gives to one or several persons the whole of the property which he leaves at his decease.

Art. 1607. Demand by universal legatee from forced heirs with seizin

When, at the decease of the testator, there are heirs to whom a certain proportion of the property is reserved by law, these heirs are seized of right, by his death, of all the effects of the succession, and the universal legatee is bound to demand of them the delivery of the effects included in the testament.

Art. 1608. Commencement of enjoyment of legacy

Nevertheless in the same case, the universal legatee will have the enjoyment of the effects included in the testament, from the day of the decease, if the demand for the delivery has been made within a year from that period; if not, enjoyment will only commence from the day of the judicial demand, or from the day on which the delivery has been agreed upon.

Art. 1609. Seizin of universal legatee in absence of forced heirs

When, at the decease of the testator, there are no heirs, to whom a proportion of his property is reserved by law, the universal legatee, by the death of the testator, is seized of right of the effects of the succession, without being bound to demand the delivery thereof.

Art. 1610. Seizin of universal legatee when forced heirs disinherited

When all the forced heirs have been legally disinherited, the heir instituted universally is seized in full right of the succession, without being bound to demand the delivery of it, in the same manner as if there were no forced heirs, conformably to what is prescribed above.

Art. 1611. Liability of universal legatee for succession debts and legacies

The universal legatee, who concurs with an heir to whom the law has reserved a certain proportion of the effects of the succession, is bound for the debts and charges of the succession personally for his part and proportion, and in case of mortgage on his part, for the whole; and he is bound to discharge all the legacies, saving the case of reduction.

2 - Of Legacies Under a Universal Title

Art. 1612. Legacy under universal title, definition

The legacy, under a universal title, is that by which a testator bequeaths a certain proportion of the effects of which the law permits him to dispose, as a half, a third, or all his immovables, or all his movables, or a fixed proportion of all his immovables or of all his movables.

Art. 1613. Demand for delivery from forced heirs, universal legatees, or other heirs

Legatees under a universal title are bound to demand the delivery, of the heirs to whom a proportion of the effects is reserved by law; in default of heirs, of the universal legatees; and in default of those, of the next heirs in the order established in the title: Of Successions.

Art. 1614. Liability of legatee under universal title for succession debts

The legatee under a universal title is bound, like the universal legatee, for the debts and charges of the succession, personally for his part, and in case of mortgage on his portion, for the whole.

Art. 1615. Contribution to payment of particular legacies

When the testator has disposed only of a proportion of the disposable portion, and has done it under a universal title, the legatee under this title is bound to contribute with his natural heirs to the payment of particular legacies.

Art. 1616. Falcidian portion abolished

In no case can the instituted heir, under whatever title he may be, claim the falcidian portion, that is the fourth which the law authorized the testamentary heir to retain from the succession, in case more than three-fourths of it were absorbed by the legacies; this right being abolished.

3 - Of Disinherison

Art. 1617. Disinherison of forced heirs

Forced heirs may be deprived of their legitime, or legal portion, and of the seizin granted them by law, by the effect of disinherison by the testator, for just cause, and in the manner hereafter prescribed.

Art. 1618. Formalities for disinherison

A disinherison, to be valid, must be made in one of the forms prescribed for testaments.

Art. 1619. Disinherison, express and for just cause

The disinherison must be made by name and expressly, and for a just cause, otherwise it is null.

Art. 1620. Limitation of causes for disinherison

There are no just causes for disinherison but those expressly recognized by law, in the following articles.

Art. 1621. Children, causes for disinherison by parents

The just causes for which parents may disinherit their children are twelve in number. There shall be a rebuttable presumption as to the facts set out in the act of disinherison to support these causes. These causes are, to wit:

1. If the child has raised his or her hand to strike the parent, or if he or she has actually struck the parent; but a mere threat is not sufficient.

2. If the child has been guilty, towards a parent, of cruelty, of a crime or grievous injury.

3. If the child has attempted to take the life of either parent.

4. If the child has accused a parent of any capital crime, except, however, that of high treason.

5. If the child has refused sustenance to a parent, having means to afford it.

6. If the child has neglected to take care of a parent become insane.

7. If the child refused to ransom them, when detained in captivity.

8. If the child used any act of violence or coercion to hinder a parent from making a will.

9. If the child has refused to become security for a parent, having the means, in order to take him out of prison.

10. If the son or daughter, being a minor, marries without the consent of his or her parents.

11. If the child has been convicted of a felony for which the law provides that the punishment could be life imprisonment or death.

12. If the child has known how to contact the parent, but has failed without just cause to communicate with the parent for a period of two years after attaining the age of majority except when the child is on active duty in any of the military forces of the United States.

Art. 1622. Descendants, causes for disinherison by ascendants

The ascendants may disinherit their descendants, coming to their succession, for the first nine and the eleventh and twelfth causes expressed in the preceding Article, when the acts there mentioned have been committed toward them or toward the parents, but they can not disinherit their descendants for the tenth cause.

Art. 1623. Repealed by Acts 1990, No. 147, § 3, eff July 1, 1990; Acts 1995, No. 1180, § 3, eff. Jan. 1, 1996

Art. 1624. Mention of cause in will, and proof required to nullify disposition

The testator shall express in the will for what reasons he disinherited his forced heirs or any of them, and the forced heir so disinherited is obliged to prove that the cause stipulated for disinherison did not exist or that he was reconciled with the testator after the act or circumstance alleged to constitute the cause for disinherison.

Proof that he was reconciled with the testator after the act or circumstance alleged to constitute the cause for disinherison must be clear and unequivocal, evidenced in writing, and signed by the testator.

§ 4. OF PARTICULAR LEGACIES

Art. 1625. Particular legacy, definition

Every legacy, not included in the definition before given of universal legacies and legacies under a universal title, is a legacy under a particular title.

Art. 1626. Rights of particular legatee, demand for delivery

Every legacy under a particular title gives to the legatee, from the day of the testator's death, a right to the thing bequeathed, which right may be transmitted to his heirs or assigns; and this takes place as well in testamentary dispositions, universal or under a universal title, as in those made under a particular title.

Nevertheless, the particular legatee can take possession of the thing bequeathed, or claim the proceeds or interest thereof, only from the day the demand of delivery was formed, according to the order hereinbefore established, or from the day on which that delivery was voluntarily granted to him.

Art. 1627. Legatee in possession, demand for delivery unnecessary; surrender for payment of debts

The legatee is not bound to demand the delivery of the legacy, if the thing bequeathed to him is in his possession at the time of the opening of the succession, but he is bound to give it up for the purpose of contributing to the payment of debts, in case it be liable for any.

Art. 1628. Executor as legatee, demand for delivery unnecessary; restitution for payment of debts

Neither is the testamentary executor, who has the seizin of the effects of the succession, and who is at the same time a legatee, bound to demand the delivery of his legacy; he can retain it in his possession subject to the same restitution.

Art. 1629. Legatee in possession without authority, liability

The legatee who, of his own authority, takes possession of his legacy, is bound to restore the fruits and pay the interest of all moneys of which he may have possessed himself.

Art. 1630. Demand for delivery, persons upon whom made

The delivery of legacies under a particular title must be demanded of the testamentary executor, who has the seizin of the succession. If the testamentary executor has not the seizin, or if his functions have expired, the legatees must apply to the heirs.

Art. 1631. Interest or proceeds of thing bequeathed, rights of legatee

The interest or proceeds of the thing bequeathed shall accrue to the benefit of the legatee, from the day of the decease, without his having brought suit for the same:

1. When the testator has expressly declared in his will to that effect;

2. When an annuity or pension has been bequeathed by way of maintenance.

Art. 1632. Costs of suit for delivery

The costs of suing for delivery shall be at the charge of the succession, unless the testator has directed otherwise, and provided also that those costs shall cause no deduction of the legitime reserved to the forced heirs.

Art. 1633. Liability for payment of legacies

The heirs of the testator, or other debtors of a legacy, shall be personally bound to discharge it, each in proportion to the part that falls to him in the succession.

They shall be bound by mortgage for the whole, to the amount of the value of the immovable property of the succession withheld by them.

Art. 1634. Preference in payment of legacies

Particular legacies must be discharged in preference to all others, even though they exhaust the whole succession, or all that remains after the payment of the debts and the contributions for the legitimate portion, in case there are forced heirs.

Art. 1635. Insufficiency of succession for payment of particular legacies, preferences and reductions

If the effects do not suffice to discharge the particular legacies, the legacies of a certain object must be first taken out. The surplus of the effects must then be proportionally divided among the legatees of sums of money, unless the testator has expressly declared that such a legacy shall be paid in preference to the rest, or that the legacy is given as a recompense for services.

Art. 1636. Condition in which legacy delivered, appurtenances

The legacy bequeathed shall be delivered with every thing that appertains to it, in the condition in which it was on the day of the donor's decease.

Art. 1637. Legacy of immovable, things included

When the person who has bequeathed the property of an immovable, has afterwards augmented it by new purchases, the property so purchased, though it be contiguous, shall not, without a new disposition, be considered as making part of the legacy.

It is otherwise as to improvements or new building raised on the ground bequeathed or an inclosure of which the testator has enlarged the area.

Art. 1638. Payment of existing mortgage or usufruct

If prior to the testament or subsequently, the thing has been mortgaged by the testator for his own debt or for that of another, or if it be burdened with an usufruct, he who is to pay the legacy is not bound to discharge the thing bequeathed of the incumbrance, unless he be required to do it by an express disposition of the testator.

Art. 1639. Legacy of property of another, nullity

When the testator has bequeathed a thing belonging to another person, the legacy shall be null, whether the testator knew or know [knew] not that the thing did not belong to him.

Art. 1640. Legacy of indeterminate object

When the legacy is of an indeterminate thing, the heir is not obliged to give it of the best quality, nor can he offer it of the worst.

Art. 1641. Legacy to creditor or servant

A legacy made to a creditor shall not be deemed to be in compensation of the debt, nor a legacy made to a servant in compensation of his wages.

Art. 1642. Particular legatee's liability for succession debts

The legatee by a particular title shall not be liable to the debts of the succession, except the reduction of the legacies as is before provided and except the action of mortgage of the creditors.

Proof that he was reconciled with the testor after the act of circumstance alleged to constitute the cause for disinherison must be clear and unequivocal, evidenced in writing, and signed by the testor.

Art. 1643. Total or partial destruction of thing bequeathed, effect

The legacy of a certain object is extinguished by the loss of the object; but if the object is only destroyed in part, as if a house bequeathed has been destroyed by fire, the legacy subsists for what remains, that is, for the land on which it was situated.

SECTION 5. OF THE OPENING AND PROOF OF TESTAMENTS, AND OF TESTAMENTARY EXECUTORS

Art. 1644. Probate of testament essential

No testament can have effect, unless it has been presented to the judge of the parish in which the succession is opened; the judge shall order the execution of the testament after its being opened and proved, in the cases prescribed by law.

Art. 1645. Proof of testator's death

The execution of a testament shall not be ordered until the decease of the testator has been sufficiently proved to the judge to whom the testament is presented.

Art. 1646. Opening and proof of testament by judge

When the decease of the testator has been sufficiently proved to the judge to whom the testament is presented, he shall immediately proceed to open it, if it be sealed, and to the proof of it in presence of the notary and the witnesses who were present at the making of it, and who are on the spot, or duly called.

Art. 1647. Nuncupative testament by public act, proof unnecessary

Nuncupative testaments received by public acts do not require to be proved, that their execution may be ordered; they are full proof of themselves, unless they are alleged to be forged.

Arts. 1648 through 1657. [Repealed by Acts 1960, No. 30, Section 2.]

Art. 1658. Testamentary executors, appointment by testator

The execution of the dispositions, contained in testaments, is usually confided by the testators [testator] to one or more testamentary executors.

Arts. 1659 through 1660. [Repealed by Acts 1960, No. 30, Section 2.]

Art. 1661. Appointment of counsel for absent heirs

When of the testator's heirs some are absent and not represented in the State, the judge shall appoint for them a counsel, whose duty it shall be to assist for them at the inventory of the effects left by the testator, to take care of their interests, and to oppose every thing which may prejudice the same.

Art. 1662. Duties of counsel for absent heirs

It shall also be the duty of this counsel to inform, with all possible diligence, those whom he represents, of the opening of the succession, and to correspond with them; and when he has once accepted this charge, he can not divest himself of it, until the heirs have sent their power of attorney, or until the succession is liquidated.

Art. 1663. Capacity to serve as testamentary executor

He who can not obligate himself, can not be a testamentary executor.

Art. 1664. Repealed by Acts 1980, No. 565, § 5

Art. 1665. Minor's incapacity to be executor

A minor can not be testamentary executor, even with the authorization of his tutor or curator.

Arts. 1666 through 1671. [Repealed by Acts 1960, No. 30, Section 2.]

Art. 1672. Duty of executor to see testament faithfully executed

The testamentary executor is bound to see the testament faithfully executed.

Arts. 1673 through 1679. [Repealed by Acts 1960, No. 30, Section 2.]

Art. 1680. Executor's powers not heritable

The powers of the testamentary executor do not go to his heirs.

Arts. 1681 through 1689. [Repealed by Acts 1960, No. 30, Section 2.]

SECTION 6. OF THE REVOCATION OF TESTAMENTS AND OF THEIR CADUCITY

Art. 1690. Testator's right to revoke

Testaments are revocable at the will of the testator until his decease.

The testator can not renounce this right of revocation nor obligate himself to exercise it only under certain words and restrictions, and if he does so, such declaration shall be considered as not written.

Art. 1691. Kinds of revocation

The revocation of testaments by the act of the testator is express or tacit, general or particular.

It is express when the testator has formally declared in writing that he revokes his testament, or that he revokes such a legacy or a particular disposition.

It is tacit when it results from some other disposition of the testator, or from some act which supposes a change of will.

It is general when all the dispositions of a testament are revoked.

It is particular when it falls on some of the dispositions only, without touching the rest.

However, in all cases, a legacy or disposition shall be deemed revoked and not written when the legatee has been convicted of a crime involving the intentional killing or attempted killing of the testator or, if not convicted, is judicially determined to have participated in the intentional, unjustified killing or attempted killing of the testator. An executive pardon shall not affect the revocation.

Art. 1692. Form of revocation

The act by which a testamentary disposition is revoked, must be made in one of the forms prescribed for testaments, and clothed with the same formalities.

Art. 1693. Posterior testaments, effect on prior dispositions

Posterior testaments, which do not, in an express manner, revoke the prior ones, annul in the latter only such of the dispositions therein contained as are incompatible with the new ones, or contrary to them, or entirely different.

Art. 1694. Revocation made in posterior testament

A revocation made in a posterior testament has its entire effect, even though this new act remains without execution, either through the incapacity of the person instituted, or of the legatee, or through his refusal to accept it, provided it is regular as to its form.

Art. 1695. Alienation of thing bequeathed

A donation inter vivos, or a sale made by the testator of the whole or a part of the thing bequeathed as a legacy, amounts to a revocation of the testamentary disposition, for all that has been sold or given, even though the sale or donation be null, and the thing have returned into the possession of the testator, whether by the effects of that nullity, or by any other means.

Art. 1696. Subsequent sale under private signature

The sale, made by the testator, of an object bequeathed, even by act under private signature, after the date of the testament, produces a revocation of the legacy, if the act be entirely written, signed and dated with his hand.

Art. 1697. Prior death of instituted heir or legatee

The testamentary disposition becomes without effect, if the person instituted or the legatee does not survive the testator.

Art. 1698. Conditional bequest, death of heir or legatee before happening of condition

Every testamentary disposition made on a condition depending on an uncertain event, so that in the intention of the testator the disposition shall take place only inasmuch as the event shall or shall not happen, is without effect, if the instituted heir or the legatee dies before the accomplishment of the condition.

Art. 1699. Conditional bequest, transmission of inheritance rights of heir or legatee

A condition which, in the intention of the testator, does but suspend the execution of the disposition, does not hinder the instituted heir or the legatee from having a right acquired and transmissible to his heirs.

Art. 1700. Loss of thing bequeathed during testator's lifetime

The legacy falls, if the thing bequeathed has totally perished during the lifetime of the testator.

Art. 1701. Loss of thing bequeathed after testator's death

It likewise falls if the thing has perished since his death, without the act of fault of the heir, although the latter may have delayed to deliver it, when it must equally have perished in the possession of the legatee.

Art. 1702. Loss of one of alternative things bequeathed

In case of an alternative legacy of two things, if one of them perishes, the legacy subsists as to that which remains.

Art. 1703. Rejection or incapacity to receive

The testamentary disposition falls, when the instituted heir or the legatee rejects it, or is incapable of receiving it.

Art. 1704. Failure of particular legacies which were to be discharged by legatees under particular or universal title

Legatees under a universal title, and legatees under a particular title, benefit by the failure of those particular legacies which they are bound to discharge.

Art. 1705. Subsequent birth or adoption of children

A testament is revoked by the subsequent birth of a legitimate child to the testator or by the subsequent adoption or legitimation of a child by the testator, unless the testator has made testamentary provision to the contrary or has made testamentary provision for such child.

Art. 1706. Accretion of testamentary dispositions

The right of accretion relative to testamentary dispositions, shall not longer subsist, except in the cases provided for in the two following articles.

Art. 1707. Accretion in favor of conjoint legatee

Accretion shall take place for the benefit of the legatees, in case of the legacy being made to several conjointly.

The legacy shall be reputed to be made conjointly when it is made by one and the same disposition without the testator's having assigned the part of such co-legatee in the thing bequeathed.

Art. 1708. Conjoint legacy of indivisible property

It shall also be reputed to be made conjointly when a thing, not susceptible of being divided without deterioration, has been given by the same act to several persons, even separately.

Art. 1709. Undisposed effects, inheritance by legitimate heirs

Except in the cases prescribed in the two preceding articles, every portion of the succession remaining undisposed of, either because the testator has not bequeathed it, either to a legatee or to an instituted heir, or because the heir or the legatee has not been able, or has not been willing to accept it, shall devolve upon the legitimate heirs.

Art. 1710. Grounds for revocation of testamentary dispositions

The same causes which, according to the foregoing provisions of the present title, authorize an action for the revocation of a donation inter vivos, are sufficient to ground an action of revocation of testamentary dispositions; provided, however, that no charges or conditions can be imposed by the testator on the legitimate portion of forced heirs, nor can they lose their inheritance for any act of ingratitude to the testator, prior to his decease. That he has not disinherited them shall be sufficient evidence of his having forgiven the offense.

Art. 1711. Action of revocation for grievous injury to testator's memory, prescription

If the action be founded on a grievous injury done to the memory of the testator, it must be brought within a year from the day of the offense.

SECTION 7. GENERAL RULES FOR THE INTERPRETATION OF LEGACIES

Art. 1712. Intention of testator

In the interpretation of acts of last will, the intention of the testator must principally be endeavored to be ascertained, without departing, however, from the proper signification of the terms of the testament.

Art. 1713. Sense which gives effect

A disposition must be understood in the sense in which it can have effect, rather than that in which it can have none.

Art. 1714. Ambiguity as to legatee

In case of ambiguity or obscurity in the description of the legatee, as, for instance, when a legacy is bequeathed to one of two individuals bearing the same name, the inquiry shall be which of the two was upon terms of the most intimate intercourse or connection with the testator, and to him shall the legacy be decreed.

Art. 1715. Interpretation to ascertain intent

When, from the terms made use of by the testator, his intention can not be ascertained, recourse must be had to all circumstances which may aid in the discovery of his intention.

Art. 1716. Mistake in name of object bequeathed

A mistake in the name of an object bequeathed is of no moment, if it can be ascertained what the thing was which the testator intended to bequeath.

Art. 1717. Uncertainty as to quantity bequeathed

If it can not be ascertained whether a greater or less quantity has been bequeathed, it must be decided for the least.

Art. 1718. General legacy, effect on property acquired after testator's death

A general legacy does not embrace the things included under the genus, which have been acquired after the death of the testator, though by his order.

Art. 1719. General legacy, effect on particular bequests to others

A general legacy does not embrace the things included under the genus, which have been bequeathed in particular to other persons.

Art. 1720. Disposition in past or present tense

A disposition, couched in terms present and past, does not extend to that which comes afterwards.

For example, a legacy of all the books a testator possesses does not include those which he has purchased after the date of the testament.

Art. 1721. Disposition in future tense

A disposition, couched in the future tense, refers to the time of the death of the testator.

Thus, a legacy of all the furniture there shall be in the house of the testator includes that which he has purchased since the date of the testament as well as the rest.

Art. 1722. Disposition silent as to time

A disposition, the terms of which express no time, neither past nor future, refers to the time of making the will.

Thus, when the testator expresses simply that he bequeaths his plate to such a one, the plate that he possessed at the date of the will, is only included.

Art. 1723. Contradictory dispositions

When a person had ordered two things, which are contradictory, that which is last written is presumed to be the will of the testator, in which he has persevered, and a derogation to what has before been written to the contrary.

CHAPTER 7. OF PARTITIONS MADE BY PARENTS AND OTHER ASCENDANTS AMONG THEIR DESCENDANTS

Art. 1724. Right of parents and ascendants to partition property among descendants

Fathers and mothers and other ascendants may make a distribution and partition of their property among their children and legitimate descendants, either by designating the quantum of the parts and partitions [portions] which they assign to each of them, or in designating the property that shall compose their respective lots.

Art. 1725. Method of making partition

These partitions may be made by act inter vivos or by testament. If a testator has designated the quantum or value of his estate which he bequeaths to a legatee either by formula or by specific sum, he may expressly delegate to his executor the authority to select assets to satisfy the quantum or value.

Art. 1726. Partition by act inter vivos, formalities

Those made by an act inter vivos can have only present property for their object, and are subject to all the formalities and conditions of donations inter vivos.

Art. 1727. Testamentary partitions, formalities

Those made by testament must be made in the forms prescribed for acts of that kind, and are subject to the same rules.

Art. 1728. Property not included in partition

If the partition, whether inter vivos or by testament, has not comprised all the property that the ascendant leaves on the day of his decease, the property not comprised in the partition is divided according to law.

Art. 1729. Necessity for partition to include all descendants

If the partition, whether inter vivos or by testament, be not made amongst all the children living at the time of the decease and the descendants of those predeceased, the partition shall be null and void for the whole; the child or descendant who had no part in it, may require a new partition in legal form.

Art. 1730. Limitation in relation to disposable portion

Partitions, made by ascendants, may be avoided, when the advantage secured to one of the coheirs exceeds the disposable portion.

Art. 1731. Action to rescind partition, payment of costs

The child who objects to the partition made by the ascendant, must advance the expenses of having the property estimated, and must ultimately support them and the costs of suit, if his claim be not founded.

Art. 1732. Tender by defendant in action of rescission

The defendant in the action of rescission may arrest it by offering to the plaintiff the supplement of the portion to which he has a right.

Art. 1733. Donation of extra portion not affected by rescission

The rescission of the partition does not carry with it the nullity of a donation made as an advantage.

CHAPTER 8. OF DONATIONS MADE BY MARRIAGE CONTRACT TO THE HUSBAND OR WIFE, AND TO THE CHILDREN TO BE BORN OF THE MARRIAGE

Art. 1734. Donations inter vivos by marriage contract; effect as to unborn children

Every donation inter vivos, though made by marriage contract to the husband and wife or to either of them, is subject to the general rules prescribed for the donations made under that title.

It can not take effect for the benefit of children not yet born.

Art. 1735. Donations by marriage contract stipulated to take effect at donor's death

Fathers and mothers, the other ascendants, the collateral relations of either of the parties to the marriage, and even strangers, may give the whole or a part of the property they shall leave on the day of their decease, both for the benefit of the parties, and for that of the children to be born of their marriage, in case the donor survive the donee.

Such a donation, though made for the benefit of the parties to the marriage, or for one of them, is always, in case of the survivorship of the donor, presumed to be made for the benefit of the children, or descendants to proceed from that marriage.

Art. 1736. Extent of irrevocability of donation by marriage contract

A donation, in the form specified in the preceding article, is irrevocable only in this sense, that the donor can no longer dispose of the objects comprised in the donation on a gratuitous title unless it be for moderate sums, by way of recompense or otherwise.

The donor retains till death the full liberty of selling and mortgaging, unless he has formally barred himself of it in the whole or in part.

Art. 1737. Donation of present and future property with annexed statement of donor's debts, rights of donee

A donation in favor of marriage may be made cumulatively of the property present and future, provided, that to the act be annexed a statement of the debts and charges of the donor, existing on the day of the donation, in which case the donee, on the decease of the donor, may accept merely the present property, renouncing the surplus of the property of the donor.

Art. 1738. Obligations of donee in absence of donor's statement of debts

If the statement, mentioned in the preceding article, has not been annexed to the act containing a donation of present and future property, the donee shall be obliged to accept or reject that donation wholly; and in case of acceptance, he shall claim only the property existing on the day of the donor's decease, and he shall be liable to the payment of all the charges and debts of the succession.

Art. 1739. Presumed acceptance of donation by marriage contract

Donations made by marriage contract can not be impeached or declared void on pretense of a want of acceptance.

Art. 1740. Nullity of donation in default of marriage

Every donation made in favor of marriage falls, if the marriage does not take place.

Art. 1741. Failure of donation to spouse by survival of donor

Donations made to the husband or the wife, on the terms or Articles 1735 and 1737, fall if the donor survive the donee and his or her posterity.

Art. 1742. Reduction of donations to disposable portion

All donations made to a married couple by their marriage contract, are, at the time of the opening of the succession of the donor, reducible to the portion that the law permitted him to dispose of.

CHAPTER 9. OF DONATIONS BETWEEN MARRIED PERSONS, EITHER BY MARRIAGE CONTRACT OR DURING THE MARRIAGE

Art. 1743. Reciprocal donations between spouses

Married persons can, by marriage contract, make to each other reciprocally, or the one to the other, what donations they think proper, under the modifications hereafter expressed.

Art. 1744. Donations by marriage contract of present property, survivorship of donee

Every donation inter vivos, of present property, made between married persons by marriage contract, shall not be deemed to be done on the condition of the survivorship of the donee, if that condition be not formally expressed, and it is subject to all the rules above prescribed for those kinds of donations.

Art. 1745. Donations by marriage contract of present or future property

A donation of property in future, or of property present and in future, made between married persons by marriage contract, whether simple or reciprocal, shall be subject to the rules established by the preceding chapter, with regard to similar donations made to them by a third person, except that it shall not be transmissive to the children, the issue of the marriage, in case of the death of the donee before the donor.

Art. 1746. Disposable portion between spouses

One of the married couple may, either by marriage contract or during the marriage, give to the other, in full property, all that he or she might give to a stranger.

Art. 1747. Emancipated minor, capacity to give by marriage contract

The husband or wife, if a minor emancipated, can, by marriage contract, give to the other, either by simple or by reciprocal donation, whatever can be given by a party who has attained the age of majority.

Art. 1748. Unemancipated minor, authorization to give by marriage contract

A minor, not emancipated, can give only with the consent of those relations whose consent is requisite for the validity of the marriage; and with that consent, he or she can give all that the law permits a married person of full age to give to his or her consort.

If the relations, whose consent is necessary, be dead, the minor not emancipated can not give without the authorization of a court of justice.

Art. 1749. [Repealed by Acts 1942, No. 187, Section 4.]

Art. 1750. Irrevocability of donations, effect of birth of children

Those donations shall not be revoked by the birth of children, provided they do not exceed the quantum, which married persons are permitted to dispose of to each other, to the prejudice of their forced heirs, as is above provided.

Art. 1751. Repealed by Acts 1978, No. 627, § 5, eff. Sept. 7, 1979; Acts 1979, No. 709, § 2, eff. Jan. 1, 1980

Art. 1752. Repealed by Acts 1990, No. 147, § 3, eff. July 1, 1990; Acts 1995, No. 218 § 1; Acts 1995, No. 1180, § 3, eff. Jan. 1, 1996

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

Art. 1754. Disguised donations or through persons interposed prohibited

Husbands and wives can not give to each other, indirectly, beyond what is permitted by the foregoing dispositions.

All donations disguised, or made to persons interposed, shall be null and void.

Art. 1755. Donees considered as persons interposed

All donations, made by one of the married parties to the children or to any one of the children of the other party by a former marriage, and such as are made by the donor to relations to whom the other party is presumptive heir on the day of the donations, although the latter may not survive the relation who is the donee, shall be deemed made to persons interposed.


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