In the two cases, new legitime of the surviving companion can be extracted from the brand new bit which may be freely discarded by the testator. (834a)
Post 893. When your testator actually leaves no legitimate descendants, however, will leave legitimate ascendants, new thriving spouse will provides a directly to one-last of your hereditary property.
Post 894. In case your testator leaves illegitimate pupils, the latest enduring mate shall be entitled to that-third of the genetic house of the dry while the illegitimate people to a different third. (n)
Article 895. The fresh legitime of each of your accepted pure pupils and every of one’s pure college students because of the judge fictional will put you to definitely-half of the brand new legitime of any of one’s genuine people or descendants.
The legitime from a keen illegitimate baby who’s neither a recognized pure, neither a natural kid by legal fictional, shall be equal in virtually any instance so you can five-fifths of the legitime of an acknowledged absolute kids.
On second situation, the fresh legitime of your own surviving lover are you to specified from inside the the brand new before part
The new legitime of illegitimate students can be extracted from the part of the estate in the totally free discretion of your own testator, provided in no circumstances shall the entire legitime of such illegitimate students meet or exceed that 100 % free section, and that this new legitime of surviving mate need certainly to earliest end up being totally came across. (840a)
Post 896. Illegitimate pupils just who might survive that have genuine parents otherwise ascendants from brand new inactive would be entitled to you to definitely-4th of one’s hereditary house you need to take in the section in the free disposal of the testator. (841a)
Post 897. If the widow otherwise widower survives which have legitimate people or descendants, and you will approved sheer college students, or pure youngsters by the court fictional, such as for instance enduring spouse is going to be entitled to a share equal to brand new legitime of every of the genuine people hence need to be obtained from one to part of the house that the testator is easily dispose of. (n)
The liberties out of illegitimate children set forth about preceding articles are transmitted upon their demise to their descendants, whether or not genuine otherwise illegitimate
Blog post 898. If your widow otherwise widower endures that have genuine people otherwise descendants, along with illegitimate youngsters aside from acknowledged natural, otherwise pure children of the judge fiction, the brand new express of one’s enduring companion are similar to one to considering from the preceding article. (n)
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Article 899. In the event the widow or widower survives that have legitimate mothers otherwise ascendants with illegitimate pupils, eg thriving partner is entitled to one to-8th of your own hereditary house of one’s deceased and therefore have to be obtained from this new free part, as well as the illegitimate students is entitled to you to-4th of one’s house which are going to be removed together with about throwaway piece. This new testator may easily discard the rest you to definitely-8th of your estate. (n)
Article 900. Whether your merely survivor is the widow otherwise widower, they can be entitled to you to-50 % of this new genetic house of the inactive mate, plus the testator get freely dispose of others half. (837a)
In the event the relationship involving the surviving mate together with testator is actually solemnized during the articulo mortis, together with testator passed away contained in this 90 days ever since from the wedding, this new legitime of your thriving lover since just heir shall be that-third of the genetic house, except when they’ve been life because the husband and wife for more five years. (n)
Article 901. If testator dies leaving illegitimate children no almost every other compulsory heirs, such as for example illegitimate pupils shall possess a right to one to-half the genetic estate of one’s deceased.