In both cases, the new legitime of one’s thriving lover are going to be obtained from the brand new bit which may be freely discarded from the testator. (834a)
Post 893. Whether your testator leaves zero genuine descendants, but simply leaves legitimate ascendants, the new enduring lover should possess a right to that-4th of the hereditary house.
Blog post 894. When your testator will leave illegitimate pupils, the fresh new enduring mate should be eligible to you to definitely-3rd of the genetic home of your inactive together with illegitimate youngsters to another third. (n)
Blog post 895. The latest legitime of each of one’s approved natural youngsters and each of the absolute children of the judge fictional shall include that-50 % of the latest legitime of any of genuine youngsters or descendants.
The latest legitime out-of an enthusiastic illegitimate child who’s neither an acknowledged absolute, nor a natural kids by the legal fictional, is equal in every situation to four-fifths of the legitime of an acknowledged absolute infant.
On the second instance, the fresh legitime of your own thriving lover are you to given in new preceding section
The brand new legitime of your own illegitimate college students is taken from the portion of the estate at the 100 % free fingertips of your testator, so long as during the no situation shall the full legitime of these illegitimate children go beyond one totally free piece, and therefore this new legitime of your enduring mate have to first end up being totally met. (840a)
Post 896. Illegitimate youngsters whom might survive with genuine moms and dads otherwise ascendants off the fresh new dry are going to be entitled to one to-4th of the hereditary property you need to take throughout the section during the free disposal of your testator. (841a)
Article 897. In the event that widow otherwise widower survives having genuine students or descendants, and you can Chilensk kvinder til Г¦gteskab recognized natural pupils, or natural students from the judge fiction, such surviving partner will be entitled to a percentage equivalent to the fresh new legitime of any of the genuine college students and therefore should be taken from one the main estate that your testator can easily dispose of. (n)
The rights away from illegitimate students established on the before posts was sent abreast of their passing to their descendants, if or not legitimate or illegitimate
Article 898. Whether your widow or widower endures with legitimate youngsters otherwise descendants, sufficient reason for illegitimate college students aside from accepted pure, otherwise sheer pupils because of the courtroom fictional, this new display of your surviving partner are the same as one to given from the before article. (n)
Blog post 899. If the widow otherwise widower survives having legitimate mothers or ascendants in accordance with illegitimate pupils, particularly enduring lover can be permitted that-eighth of one’s genetic house of one’s dry and therefore have to be obtained from this new free part, and the illegitimate children would be eligible to one to-next of your estate and that are pulled as well as regarding the disposable piece. The brand new testator can get easily discard the remaining one-eighth of house. (n)
Article 900. When your just survivor is the widow or widower, she or he are eligible to you to-50 % of the new genetic house of one’s dry partner, while the testator may easily throw away another 1 / 2 of. (837a)
If the marriage within enduring mate in addition to testator is actually solemnized in articulo mortis, therefore the testator died contained in this three months since that time out of the marriage, the newest legitime of your own thriving lover once the best heir should end up being that-third of your own hereditary estate, except if they have come traditions because couple for over 5 years. (n)
Blog post 901. When the testator becomes deceased making illegitimate pupils without other compulsory heirs, including illegitimate pupils should enjoys a directly to you to definitely-50 % of the new genetic home of one’s dry.