On the latter case, the newest legitime of your own surviving spouse will likely be you to definitely given inside the this new preceding section
Only if legitimate otherwise illegitimate children are left, mom and dad aren’t eligible to one legitime after all
Should your matrimony within surviving spouse therefore the testator was solemnized for the articulo mortis, therefore the testator passed away in this 90 days ever since out-of the wedding, this new legitime of one’s surviving partner while the just heir should feel one to-3rd of one’s genetic house, except if they have already been lifestyle just like the couple getting over five years. (n)
Art. 901. If testator becomes deceased making illegitimate children and no almost every other compulsory heirs, such as illegitimate college students will has actually a straight to one-half brand new genetic estate of your own inactive.
Artwork. 902. Brand new rights off illegitimate students established about preceding posts was sent up on its dying on their descendants, whether or not legitimate or illegitimate. (843a)
Artwork. 903. Only if brand new widow or widower survives having moms and dads of your own illegitimate infant, brand new legitime of parents is just one-4th of one’s hereditary home of your kid, and that of your own surviving partner and you to definitely-fourth of your own house. (n)
Ways. 905. All of the renunciation otherwise sacrifice as to another legitime involving the people owing it along with his mandatory heirs is actually emptiness, and the latter age upon the brand new death of the previous; however they must bring to collation what they might have acquired from the advantage of renunciation otherwise lose. (816)