In the two cases, this new legitime of your own surviving companion will be obtained from the portion that can easily be easily disposed of by the testator. (834a)
Blog post 893. If the testator departs zero legitimate descendants, but makes genuine ascendants, new thriving mate should has a right to one-next of hereditary property.
Post 894. When your testator simply leaves illegitimate college students, the newest thriving spouse might be permitted that-3rd of the hereditary home of your own deceased plus the illegitimate youngsters to some other 3rd. (n)
Blog post 895. The fresh new legitime of each and every of acknowledged sheer pupils and every of one’s sheer students of the court fiction will feature that-1 / 2 of the brand new legitime of https://worldbrides.org/latin/ any of your legitimate youngsters otherwise descendants.
The fresh legitime from an illegitimate kids who is neither an accepted sheer, neither an organic infant from the court fictional, is going to be equal in every circumstances so you can four-fifths of your own legitime of an accepted natural infant.
On the second instance, new legitime of one’s surviving mate can be one to given into the the brand new preceding paragraph
The brand new legitime of the illegitimate pupils should be extracted from the new part of the house on 100 % free discretion of your testator, provided that inside the zero instance should the full legitime of such illegitimate pupils surpass you to definitely free piece, and therefore the fresh legitime of your own thriving mate need to earliest be totally came across. (840a)