2009 Louisiana Civil Code :: CC 1741 - Caducity; causes and effects

NOTE: Art. 1741 effective until Sept. 1, 2005. See Acts 2004, No. 619, §1, eff. Sept. 1, 2005.

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

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

Amended by Acts 1871, No. 87.

NOTE: Art. 1741 as amended by Acts 2004, No. 619, §1, eff. Sept. 1. 2005:

Art. 1741. Caducity; causes and effects

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.