---
urn: "urn:us-la:civcode:art:1738"
article_number: "1738"
status: active
heading: "Beneficiaries"
breadcrumb: "Book III › Title II › Chapter 8 › Section 3"
source_url: "https://legis.la.gov/legis/Law.aspx?d=108972"
acts_citations_raw: "Acts 2004, No. 619, §1, eff. Sept. 1, 2005."
acts_citations:
  - act_year: 2004
    act_number: 619
    section: 1
    effective_date: 2005-09-01
    role: enactment
schema_version: "1.0.0"
---

# 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.