Page images


Of Representation. ART. 890.-Representation is a fiction of the law, the effect of which is to put the representative in the place, degree, and rights of the person represented.

ART. 891.-Representation takes places ad infinitum in the direct descending line.

It is admitted in all cases, whether the children of the deceased concur with the descendants of a pre-deceased child, or whether, all the children having died before him, the descendants of the children be between them in equal or inequal degrees.

ART. 892.-Representation does not take place in favour of the ascendants, the nearest relation in degree always excluding those of a degree superior or more remote.

ART. 893.-In the collateral line, representation is admitted in favour of the children and descendants of the brothers and sisters of the deceased, whether they come to the succession in concurrence with the uncles and aunts, or whether, the brothers and sisters of the deceased having died, the succession devolves on their descendanls in equal or unequal degrees.

ART. 894.-In all cases in which representation is admitted, the partition is made by roots; if one root has produced several branches, the sub-division is also made by roots in each branch, and the members of the branch take between them by heads.

ART. 895.-Persons deceased only can be represented; persons alive cannot.

ART, 896.-One, who has renounced the succession of another, may still enjoy the right of representation with respect to that other.

Thus it is necessary that the children who succeed by

representation, should have been heirs of their father or mother. Although they should have renounced their succession, they are nevertheles competent to represent them in the succession of their grandfather or other ascendants.

ART. 897.—When a person has been disinherited by his father or mother, or excluded from his succession for unworthiness, his children cannot represent him in the succession of their grandfather or other ascendants, if he is alive at the time of the opening of succession, but they can represent him if he died before.


Of Successions falling to Descendants. ART. 898.—Legitimate children or their descendants inherit from their father and mother, grandfathers or other ascendants, without distinction of sex or primogeniture, and though they be born from different marriage.

They inherit in equal portions and by heads, when they are in the same degree, and inherit by their own right; they inherit by roots, when all or part of them inherit by representation.


Of Successions falling to Ascendants. ART. 899.-If any one dies leaving no descendants, but a father and mother and brothers and sisters or ascendants of these last, the succession is divided into two equal portions, one of which goes to the father and mother, who divide it equally between them, the other to the brothers and sisters of the deceased, or their descendants, as is prescribed in the following section.

ART. 900.-If the father or mother of the person who has died without issue, has died before him, the portion which would have been inherited by such deceased parent, according to the terms of the preceding article, will go to the brothers and sisters of the deceased, or to their descendants, in the manner directed by the following section.

Art. 901,--If the deceased has left neither de scendanls, nor brother nor sister, nor descendants from them, nor father nor mother, but only other ascendants, these ascendants inherit the succession to the exclusion of all the collaterals, in conformity with the dispositions of the articles which follow.

ART. 902.--If there are ascendants in the paternal and maternal lines in the same degree, the state is divided into two equal shares, one of which goes to the ascendants on the paternal, and the other to the ascendant on the maternal side, whether the number of ascendants, on each side, be equal or not. In this case, the ascendants, in each line, inherit hy heads.

ART. 903.-But if there is in the nearest degree but one ascendant in the two lines, such ascendant excludes all other ascendants of a more remote degree, and alone takes the succession.

ART, 904. Ascendants to the exclnsion of all others, inherit the real estate and slaves given by them to their children or their descendants of a more remote degree, when these objects are found in the succession,

If these objects have been alienated, and the price is yet due in whole or in part, the ascendants have the right to receive the price. They also succeed to the right of reversion on the happening of any event which the child or descendants may have inserted, as condition in their favour, for disposing of those objects.

ART. 905.-Ascendants have also the right to take from the succession of their child or descendants who die without issue, the dowry they may have settled in money

upon him.

ART. 906.---Ascendants inheriting the things mentioned in the preceding articles, which they have given their children or descendants who die without issue, take them subject to all the mortgages which the donee may have imposed on them during his life.

Also ascendants exercising the right of reversion are bound to contribute to the payment of the debts of the succession, in proportion to the value of the objects given.

[merged small][ocr errors][merged small]

ART. 907.-If a person dies, leaving no descendants, and his father and mother survive, his brothers and sisters, or their descendants, only inherit half of his succession.

If the father or the mother only survive, the brothers and sisters, or their descendants, inherit three-fourths of his succession.

ART. 908.—If a person dies, leaving no descendants nor father nor mother, his brothers and sisters, or their descendants, inherit the whole succession to the exclusion of the ascendants and other collaterals.

ART. 909.-The partition of the half, the three fourths or the whole of a succession falling lo brothers and sisters, as mentioned in the two preceding articles, is made in equal portions, if they are all of the same marriage : if they are of different marriages, the succession is equally divided between the paternal and maternal lines of the deceased;

ed; the german brothers and sisters take a part in the two lines, the paternal and maternal brothers and sisters, each in their respective lines only; if there are brothers and sisters on one side only, they inherit the whole succession to the exclusion of all other relations of the other line.

In all these cases, the brothers and sisters of the deceased, or their descendants, inherit in their own right or by representation, as is regulated in the section which treats of representation.

ART. 910.-When the deceased has died without descendants, leaving neither brothers nor sisters, por descendants from them, nor father nor mother, nor ascendants in the paternal or maternal lines, his succession passes to his collateral relations.

Among the collateral relations, he who is the nearest in degree, excludes all the others, and if there are several in the same degree, they partake equally and by heads, according to their number.


Of Irregular Successions.

ART. 911.-When the deceased has left neither lawful descendants, nor lawful ascendants, nor collateral relations, the law calls to his inheritance either the surviving husband or wife, or his or her natural children, or the State, in the manner and order hereafter directed.

ART. 912.–Natural children are called to the legal succession of their natural mother, when they have been duly acknowledged by her, if she has left no lawful children or descendants, to the exclusion of her father and mother and other ascendants, or collaterals of lawful kindred.

In case the natural mother has lawful children or descendants, the rights of the nalural children are reduced to a moderate alimony, which is determined by the rules established in the title of father and child.

ART. 913.--Natural children are called to the inheritance of their natural father, who has duly acknowledged them, when he has left no descendants nor ascendants, nor collateral relations, nor surviving wife, and to the exclusion only of the State.

In all other cases, they can only bring an action against

« PreviousContinue »