2009 Louisiana Civil Code :: CC 1735 - Form

NOTE: Art. 1735 effective until Sept. 1, 2005. See Acts 2004, No. 619, §1, eff. Sept. 1, 2005.

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.

NOTE: Art. 1735 as amended by Acts 2004, No. 619, §1, eff. Sept. 1. 2005:

Art. 1735. Form

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.