Cap. 16 Art. 758Provision restraining heir or legatee from alienating or from disposing by will, to be ineffectual.

(1) Any provision restraining the heir or legatee from alienating or from disposing by will, shall, subject to the provisions of article 736, be considered as if it had not been written.

(2) Nevertheless, it shall be lawful to bequeath the usufruct to one person, and the to another, subject, however, to nuda proprietas the provisions of article 331.

(3) It shall also be lawful for a spouse to make in favour of the surviving spouse a bequest by universal or by singular title, substituting for him or her another beneficiary in the residue still existing at the time of the demise of the surviving spouse. In such case the surviving spouse shall only be restrained from disposing of any thing contained in the disposition, by will or by title of donation.

(4) For the purpose of this article "residue" means and includes only:

(a) immovable property, whether immovable by its nature or by reason of the object to which it refers; and

(b) all certain and determinate movable property which can be identified, excluding liquid cash and things identified only by their species.

(5) An action contesting any disposal made by the surviving spouse in contravention of sub-article (3) may be instituted during the lifetime of the surviving spouse, and shall be barred by the lapse of five years from the opening of succession of the surviving spouse.

(6) A disposal made by the surviving spouse in contravention of sub-article (3) shall in the case of immovables be null. In the case of movable property nullity shall ensue only if the beneficiary was in bad faith. In any other case action shall only lie for damages against the surviving spouse or his or her estate.