2009 Louisiana Civil Code :: CC 1738 - Beneficiaries

NOTE: Art. 1738 effective until Sept. 1, 2005. See Acts 2004, No. 619, §1, eff. Sept. 1, 2005.

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.

NOTE: Art. 1738 as amended by Acts 2004, No. 619, §1, eff. Sept. 1. 2005:

SECTION 3. DONATIONS OF PROPERTY TO BE LEFT AT DEATH

Art. 1738. Beneficiaries

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.