Ways. 863. A great fideicommissary replacing because of the advantage at which the fresh new fiduciary otherwise first heir instituted is actually entrusted towards the duty in preserving also to transmitted to help you the next heir the complete or a portion of the genetics, might be valid and you will will take effect, offered such replacing cannot exceed one education regarding heir to begin with instituted, and you will given then, that fiduciary otherwise very first heir and also the second heir try way of living at the time of the newest death of the new testator. (781a)
Artwork. 866. The following heir shall and acquire a straight to the latest sequence from the time of your testator’s demise, even though the guy will be die before the fiduciary. (784)
(1) Fideicommissary substitutions which are not produced in a show style, either by providing them which term, otherwise imposing upon the fresh fiduciary absolutely the duty to deliver brand new possessions so you can another heir;
(2) Specifications that have a perpetual prohibition in order to alienate, and also a temporary you to, beyond the maximum repaired in post 863;
(3) Those that enforce up on new heir this new fees off paying to help you various individuals successively, not in the restrict given inside blog post 863, a specific income or pension;
(4) People who leave so you’re able to a man the entire an element of the genetic property to make certain that the guy elizabeth according to magic directions presented to him by the testator. (785a)
Artwork. 868. The fresh new nullity of one’s fideicommissary replacing does not prejudice the newest authenticity of your place of your heirs first appointed; this new fideicommissary clause shall simply be regarded as perhaps not written. (786)
Artwork. 869. A supply which the new testator makes so you’re able to one the whole otherwise a portion of the inheritance, and to several other this new usufruct, would be appropriate. If the the guy offers the usufruct to various individuals, perhaps not in addition, but successively, the latest conditions off Blog post 863 shall apply. (787a)
Art. 870. The fresh dispositions of the testator saying the or an element of the property inalienable for over twenty years try gap. (n)
Art. 872. The fresh testator try not to demand any costs, standing, or replacing whatsoever upon the brand new legitimes recommended in this Password. Is always to the guy do it, a similar would be considered as perhaps not enforced. (813a)
Artwork. 873. Impossible conditions and those as opposed to law otherwise an effective tradition should qualify because not implemented and you may shall inside the no styles prejudice the heir, even if the testator is always to otherwise render. (792a)
Still, the proper regarding usufruct, or an allocation otherwise particular individual prestation are created or bequeathed to the person into the go out during which the guy otherwise she is to remain solitary or in widowhood. (793a)
Artwork. 875. People aura generated through to the matter the heir will create certain provision inside the usually and only the brand new testator otherwise of any other person can be gap. (794a)
Art. 876. Any strictly potestative reputation imposed through to an enthusiastic heir should be met of the him the moment the guy discovers of your own testator’s passing.
Art. 877. In case your status was casual or mixed, it might be enough if it happens or be found during the anytime ahead of otherwise following the death of new testator, unless they have considering if not.