Civil Code (Cap. 16), article 758

758. (1) Any provision restraining the heir or legatee from alienating or from disposing by will, shall, subject to the pro visions of article 736, be considered as if it had not been written. (2) Nevertheless, it shall be law ful to bequeath the usufruct to one person, and the nuda proprietas to another, subject, however, to the provisions of article 331. (3) It shall also be lawful for a spouse to make in favour of th e 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 disposi ng of any thing contained in the disposition, by will or by title of donation. (4) For the purpose of this artic le "residue" means and includes only: (a) immovable property, whether immovable by its nature or by reason of th e object to whic h it refers; and (b) all certain and determinat e movable property which can be identified, excludin g 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 du ring the lifetime of the surviving spouse, and shall be barred by th e lapse of five years from the o pening of succession of the survi ving 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 benefi ciary was in bad faith. In any other case action shall only lie for d amages against the surviv ing spouse or his or her estate. Where usufruct is left to one person and ownership to another.