The remaining 3rd can be during the free disposal of your testator

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)

Blog post 896. Illegitimate students whom may survive that amerikanske mænd til Lettisk kvinder have legitimate mothers or ascendants from this new lifeless shall be eligible to you to-last of your own genetic house you need to take from the piece at the 100 % free discretion of the testator. (841a)

Article 897. In the event that widow or widower endures which have legitimate pupils or descendants, and you can approved natural pupils, or absolute pupils of the courtroom fiction, particularly thriving partner shall be eligible to a share comparable to new legitime of any of your own genuine people and therefore must be obtained from that an element of the property that your testator can be easily discard. (n)

The rights out-of illegitimate pupils established from the preceding stuff try sent on the death on their descendants, whether legitimate otherwise illegitimate

Article 898. If your widow otherwise widower survives having legitimate children otherwise descendants, in accordance with illegitimate youngsters apart from acknowledged pure, or sheer people by the court fictional, the latest express of your enduring lover is just like you to definitely considering on the before article. (n)

Blog post 899. When the widow otherwise widower survives which have legitimate mothers or ascendants along with illegitimate college students, like enduring spouse are going to be permitted you to definitely-8th of your own genetic home of your inactive and this should be taken from the latest 100 % free portion, therefore the illegitimate college students is permitted one-next of your own property and this will be taken in addition to in the throw away piece. The fresh testator will get easily throw away the remainder one-eighth of one’s property. (n)

Blog post 900. In case your merely survivor ‚s the widow or widower, he or she will be permitted you to definitely-half of the fresh new hereditary property of the dry lover, additionally the testator could possibly get easily throw away the other 50 % of. (837a)

If for example the marriage between your surviving companion therefore the testator try solemnized for the articulo mortis, together with testator passed away in this 3 months since that time away from the wedding, the latest legitime of the thriving lover due to the fact only heir should become one to-third of your own hereditary estate, but when they have come life style because the husband and wife to possess over 5 years. (n)

Blog post 901. In the event the testator dies leaving illegitimate children with no other required heirs, such as for example illegitimate people will possess a directly to you to-half of the new hereditary house of deceased.