Regarding the second case, this new legitime of your own enduring spouse might be one to specified for the this new before section
If only legitimate otherwise illegitimate children are remaining, the parents commonly eligible to one legitime at all
If your relationship involving the thriving spouse in addition to testator try solemnized inside articulo mortis, while the testator passed away contained in this three months ever since regarding the marriage, the newest legitime of one’s enduring partner just like the sole heir will end up being you to-3rd of your own hereditary estate, but if they have become life style because husband and wife to own over five years. (n)
Art. 901. If the testator dies making illegitimate students and no other compulsory heirs, such as illegitimate college students should have a straight to that-half of the brand new genetic property of your own lifeless.
Artwork. 902. This new legal rights out of illegitimate pupils established throughout the before blogs are carried up on their death to their descendants, if genuine otherwise illegitimate. (843a)
Artwork. 903. If perhaps this new widow otherwise widower survives with mothers of the illegitimate child, the legitime of your mothers is one-next of hereditary house of your own kid, and this of the enduring partner in addition to one-4th of one’s home. (n)
Art. 905. All of the renunciation otherwise compromise as to the next legitime within person due they and his awesome necessary heirs is actually gap, while the second age upon the latest death of the former; even so they must bring to collation what they possess gotten by the virtue of one’s renunciation otherwise lose. (816)