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In both cases, new legitime of thriving companion shall be obtained from the latest piece which might be easily thrown away of the testator. (834a)
Article 893. In the event your testator actually leaves zero legitimate descendants, however, renders legitimate ascendants, this new enduring mate should provides a directly to you to definitely-last of hereditary estate.
Post 894. In the event the testator actually leaves illegitimate people, the fresh new enduring mate should be eligible to you to-3rd of your own genetic house of deceased and the illegitimate people to some other 3rd. (n)
Blog post 895. The fresh new legitime of any of the accepted pure college students and each of one’s pure people by the judge fictional shall add that-1 / 2 of the fresh legitime of each and every of one’s legitimate pupils or descendants.
The newest legitime regarding an enthusiastic illegitimate baby who’s neither an accepted natural, nor a natural baby by legal fiction, are going to be equal in any instance in order to five-fifths of the legitime away from a recognized absolute child.
Regarding second case, the newest legitime of the thriving mate will likely be one to specified inside the new before part
The legitime of illegitimate students should be taken from the fresh part of the property during the totally free discretion of your testator, provided for the no circumstances should the complete legitime of these illegitimate children meet or exceed one free piece, and this the latest legitime of the enduring companion have to very first getting fully satisfied. (840a)