If perhaps genuine otherwise illegitimate youngsters are left, the mother and father are not eligible to any legitime after all
Whether your matrimony between the surviving companion in addition to testator is actually solemnized when you look at the articulo mortis, and testator died in this three months ever since away from the wedding, new legitime of thriving lover as the sole heir will feel one-third of the genetic house, except when they have come living since the husband and wife to own more 5 years. (n)
Art. 901. If the testator becomes deceased leaving illegitimate youngsters no other mandatory heirs, including illegitimate pupils will albansk kvinder til dating have a directly to one to-half the brand new genetic estate of one’s inactive.
Artwork. 902. The brand new rights of illegitimate people established in the before content was transmitted upon their death to their descendants, if or not legitimate otherwise illegitimate. (843a)
Artwork. 903. If only the fresh new widow or widower endures having mothers of one’s illegitimate baby, this new legitime of the moms and dads is the one-fourth of one’s genetic estate of kids, and that of your own enduring spouse and one to-4th of the house. (n)
Art. 905. All of the renunciation otherwise compromise in relation to the next legitime involving the person due it with his mandatory heirs are void, while the second age up on brand new death of the previous; nonetheless have to give collation what they may have obtained by the advantage of one’s renunciation otherwise sacrifice. (816)