In both cases, the fresh new legitime of enduring spouse shall be extracted from the newest bit which are easily discarded by the testator. (834a)
Blog post 893. Whether your testator renders no genuine descendants, but renders legitimate ascendants, brand new enduring spouse shall provides a straight to one-4th of hereditary home.
Post 894. If for example the testator makes illegitimate students, the new thriving companion will likely be entitled to one-third of hereditary property of dead and also the illegitimate college students to a different third. (n)
Blog post 895. The new legitime of any of your acknowledged absolute college students and each of sheer youngsters from the judge fiction will consist of you to definitely-1 / 2 of the fresh new legitime of each of one’s genuine students or descendants.
The newest legitime regarding an illegitimate kids who’s none an established pure, nor a natural baby by the court fiction, will likely be equal in just about any instance to five-fifths of your own legitime out of an accepted natural kid.
Regarding the second instance, new legitime of surviving lover will be you to definitely given within the the before part
The fresh legitime of the illegitimate youngsters will likely be obtained from the new portion of the property within 100 % free discretion of testator, provided during the zero circumstances shall the total legitime of such illegitimate students meet or exceed one free part, and this this new legitime of your surviving mate must basic getting fully came across. (840a)
Blog post 896. Illegitimate students exactly who might survive with legitimate parents or ascendants out of the latest deceased will be eligible to one to-next of the hereditary house to be taken from the section during the free convenience of your own testator. (841a)
Blog post 897. In the event that widow or widower endures that have genuine pupils otherwise descendants, and you will approved absolute youngsters, or sheer students of the judge fictional, such as for instance enduring companion shall be permitted a portion equivalent to new legitime of each and every of your genuine children which should be obtained from læse hvad han sagde you to definitely an element of the property that testator can be easily dispose of. (n)
The fresh legal rights out-of illegitimate youngsters established on preceding stuff try sent up on the dying to their descendants, whether or not legitimate or illegitimate
Blog post 898. When your widow or widower survives that have genuine people or descendants, along with illegitimate people except that accepted absolute, or pure children by the court fiction, the latest express of the enduring partner can be exactly like one to offered regarding before article. (n)
Post 899. In the event the widow or widower endures that have genuine parents or ascendants sufficient reason for illegitimate pupils, such as for instance surviving partner would be permitted that-8th of your genetic property of your own dead hence need to be taken from the new free section, while the illegitimate college students would be entitled to one to-fourth of your own home which will be removed and on disposable bit. The brand new testator will get freely throw away the remainder that-eighth of your house. (n)
Article 900. In case the only survivor ‘s the widow or widower, she or he can be eligible to you to definitely-half this new genetic house of your deceased partner, and also the testator may easily discard the other 1 / 2 of. (837a)
In case the relationship involving the thriving lover together with testator are solemnized when you look at the articulo mortis, and the testator passed away within this three months ever since off the wedding, new legitime of one’s surviving companion once the best heir shall become you to definitely-third of your hereditary property, except if they have been way of living since couple to have over five years. (n)
Article 901. In the event the testator becomes deceased leaving illegitimate college students with no almost every other mandatory heirs, for example illegitimate children shall keeps a straight to one-50 % of the genetic home of the dead.