If only genuine otherwise illegitimate youngsters are left, mom and dad commonly entitled to people legitime after all
In case the matrimony within surviving partner therefore the testator is solemnized from inside the articulo mortis, in addition to testator died in this three months ever since of the wedding, the new legitime of your own enduring lover as the just heir should become that-3rd of hereditary house, but if they have become way of living given that husband and wife to possess more 5 years. (n)
Ways. 901. When the testator passes away making illegitimate youngsters and no almost every other mandatory heirs, such illegitimate children shall possess a directly to you to definitely-half the latest hereditary estate of deceased.
Art. 902. The newest rights out of illegitimate pupils set forth about preceding articles is actually transmitted up on their death on their descendants, whether or not genuine or illegitimate. (843a)
Artwork. 903. Only if this new widow otherwise widower endures having moms and dads of illegitimate kid, new legitime of your parents is the one-last of the genetic home of the baby, which of the thriving partner as well as one-last of your own estate. (n)
Art. 905. All the renunciation or give up in relation to another legitime within people owing it and his awesome compulsory heirs are emptiness, and latter age up on the fresh death of the previous; but they need to provide collation what they might have acquired from the advantage of your own renunciation or sacrifice. (816)
Art. 906. One required heir to help you just who new testator features left of the people name less than the brand new legitime owned by your e end up being totally met. (815)
Artwork. 907. Testamentary dispositions one to influence otherwise fade the legitime of your own compulsory heirs are shorter to your petition of the same, insofar because they could be inofficious or too-much. (817)