In the two cases, the new legitime of the thriving companion is extracted from the newest piece which is often freely disposed of because of the testator. (834a)
Article 893. When your testator actually leaves zero legitimate descendants, however, will leave genuine ascendants, new thriving mate should provides a straight to one to-next of the hereditary home.
Post 894. In the event your testator actually leaves illegitimate students, the latest enduring companion is going to be entitled to you to-third of your own genetic home of your lifeless while the illegitimate students to some other third. (n)
Blog post 895. The new legitime of each and every of recognized sheer students and every of one’s natural people by courtroom fiction will integrate one to-half the brand new legitime of every of the legitimate people otherwise descendants.
The brand new legitime out-of an enthusiastic illegitimate kids who is neither an acknowledged absolute, neither an organic kids by the courtroom fictional, are equivalent in almost any case so you can five-fifths of your own legitime out-of a recognized pure infant.
From the second case, brand new legitime of your own surviving mate are going to be one given inside the fresh before paragraph
Brand new legitime of one’s illegitimate youngsters will likely be taken from the newest portion of the property during the 100 % free fingertips of testator, so long as inside the no circumstances shall the complete legitime of such illegitimate pupils meet or exceed one to 100 % free bit, and therefore the newest legitime of your enduring companion daterer en Puerto Rican hunner need to very first end up being fully found. (840a)
Post 896. Illegitimate youngsters which might survive that have genuine parents otherwise ascendants from the fresh new inactive would be entitled to one to-fourth of genetic house to be taken on part from the totally free fingertips of one’s testator. (841a)
Blog post 897. If the widow otherwise widower endures that have legitimate students otherwise descendants, and you will accepted natural college students, or absolute college students because of the court fiction, including surviving lover are permitted a portion comparable to the legitime of any of one’s legitimate children and therefore must be taken from you to definitely part of the home that your testator normally easily throw away. (n)
The fresh new rights from illegitimate pupils established on before posts was sent up on its death on their descendants, whether legitimate or illegitimate
Post 898. If the widow or widower endures having legitimate children or descendants, in accordance with illegitimate youngsters other than recognized natural, otherwise pure pupils because of the judge fictional, the fresh new show of the thriving mate are like that offered on before blog post. (n)
Blog post 899. In the event that widow otherwise widower survives with genuine moms and dads otherwise ascendants in accordance with illegitimate pupils, eg thriving lover should be entitled to one-eighth of hereditary home of your own deceased and therefore should be extracted from the newest 100 % free section, while the illegitimate pupils is going to be permitted that-last of your property and therefore shall be drawn and additionally about throw away section. Brand new testator could possibly get freely throw away the rest you to-eighth of your house. (n)
Post 900. If the just survivor ‘s the widow or widower, he/she might be entitled to that-half the new genetic estate of your dead lover, in addition to testator can get freely discard another 1 / 2 of. (837a)
If your relationships amongst the thriving companion and testator is solemnized when you look at the articulo mortis, in addition to testator passed away within this 3 months from the time regarding the marriage, brand new legitime of one’s thriving partner as the best heir will feel one to-third of one’s genetic property, but when they have started way of living while the husband and wife to have more than five years. (n)
Article 901. In the event the testator becomes deceased leaving illegitimate youngsters no most other compulsory heirs, particularly illegitimate pupils shall provides a right to one-half of the newest genetic home of your own dry.