Best of your next heir should ticket to help you his heirs
The brand new fiduciary is going to be obliged to deliver the fresh new genetics into 2nd heir, in the place of almost every other deductions compared to those which happen from legitimate costs, loans and you can developments, save yourself in the event where in fact the testator provides if not
Artwork. 863. An effective fideicommissary replacing from the advantage of which new fiduciary or very first heir instituted is actually trusted for the obligation in preserving and also to broadcast so you’re able to a moment heir the whole otherwise part of the genetics, is good and you may shall take effect, considering including replacing cannot surpass you to definitely degree on the heir to begin with instituted, and considering next, that the fiduciary or basic heir in addition to second heir is actually life at the time of the brand new loss of brand new testator. (781a)
A total reputation never to deal a first otherwise next relationships is regarded as maybe not composed unless of course instance condition might have been implemented toward widow otherwise widower by lifeless partner, otherwise because of the latter’s ascendants or descendants
Art. 866. Another heir will and obtain a directly to brand new series out of enough time of your testator’s dying, regardless of if he will be die before the fiduciary. (784)
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