In both cases, this new legitime of the enduring companion would be taken from this new part and this can be easily disposed of from the testator. (834a)
Article 893. Should your testator actually leaves no legitimate descendants, however, actually leaves genuine ascendants, this new thriving mate shall enjoys a directly to one-next of your own hereditary property.
Article 894. In case the testator simply leaves illegitimate pupils, this new enduring mate can be entitled to one-third of genetic estate of your dry additionally the illegitimate pupils to a different 3rd. (n)
Article 895. New legitime of any of the acknowledged sheer pupils each of your own absolute college students from the legal fictional should integrate one-1 / 2 of the brand new legitime of any of one’s genuine college students or descendants.
New legitime out-of an enthusiastic illegitimate baby who’s neither an acknowledged pure, nor a natural kids by court fiction, are equivalent in any circumstances so you’re able to five-fifths of the legitime away from an acknowledged absolute baby.
From the latter circumstances, the fresh legitime of your own thriving lover are going to be one to given from smuk pige Lettisk inside the the fresh before section
The fresh new legitime of your own illegitimate college students will likely be obtained from this new portion of the house in the free fingertips of your own testator, so long as into the no situation shall the full legitime of these illegitimate youngsters surpass that 100 % free portion, and therefore the legitime of surviving mate need basic become totally satisfied. (840a)
Article 896. Illegitimate college students whom can survive with genuine mothers otherwise ascendants out-of new dry will be eligible to you to-4th of genetic home to be taken regarding piece during the 100 % free fingertips of the testator. (841a)
Article 897. If widow or widower endures which have legitimate youngsters otherwise descendants, and you can recognized sheer pupils, or absolute students of the judge fiction, such thriving mate are permitted a share comparable to the fresh new legitime of every of your legitimate pupils hence must be extracted from that part of the estate that testator can easily discard. (n)
The new rights out of illegitimate children set forth regarding the before articles is actually carried on their demise to their descendants, if or not genuine otherwise illegitimate
Post 898. If the widow or widower survives having genuine children or descendants, sufficient reason for illegitimate people other than recognized sheer, otherwise sheer people by judge fiction, this new share of one’s surviving partner is exactly like one to considering regarding the preceding blog post. (n)
Post 899. If the widow or widower endures with legitimate parents or ascendants sufficient reason for illegitimate college students, including thriving lover will likely be permitted one to-eighth of the hereditary home of your lifeless which have to be extracted from brand new 100 % free portion, and the illegitimate students would be permitted that-next of your property which might be taken as well as throughout the disposable section. The fresh testator get freely discard the rest that-8th of property. (n)
Article 900. If for example the only survivor is the widow otherwise widower, he/she is entitled to one-half the fresh genetic property of the dead partner, and also the testator could possibly get freely discard the other 1 / 2 of. (837a)
If the relationship between your thriving partner and testator try solemnized from inside the articulo mortis, additionally the testator passed away within this 3 months since out of the marriage, the brand new legitime of one’s thriving companion given that just heir will be one to-third of one’s genetic estate, but when they’ve come life while the couple having over 5 years. (n)
Post 901. If testator passes away leaving illegitimate children no other mandatory heirs, such as illegitimate students shall have a right to you to definitely-half the genetic house of your own deceased.