Legacy for an identified person, the fetus, the minor the interdicted and the unidentified
298.(1) There shall be required for legacy for an identified person, his acceptance thereof after the testator's death,
or during his life and his continuous acceptance after death of the same.
(2)
Where the legatee is a fetus, minor or interdicted, whoever has guidance of his property may accept the
legacy or may reject the same after the judge permission.
(3)
The legacy for an unidentified person shall not depend upon acceptance and shall not be rejected by
rejection of any one.
(4)
Acceptance or rejection to the bodies, institutions and facilities shall be from those who represent them
legally; where they have no representative, the legacy shall be binding thereon.
Acceptance of the legacy
299.(1) Acceptance or rejection of the legacy shall not be given due regard, save after the testator's death.
(2)
Acceptance of the legacy shall not be required immediately upon the testator's death.
(3)
Silence of the legatee for thirty days, after his knowledge of the legacy shall be acceptance thereof.
Rejection of the legacy
300. The legatee of full capacity may reject the legacy totally, or in part.
Death of the legatee
301. Where of the legatee dies, after the death of the testator without acceptance or a rejection being issued thereby,
this right shall be transferred to his heirs.
Ownership of the bequeathed, its division and benefiting thereby
302.(1) The identified legatee shall own the bequeathed, after the death of the testator.
(2)
The bequeathed shall be divided equally, where the legatees are several, unless testator stipulated disparity.
(3)
The heirs of the testator shall benefit by the bequeathed until there is found one, who is entitled there.
Legacy for a category not capable of limitation in the future
303.(1) The legacy for a category not capable of limitation in the future shall include those present thereof on the
day of the testator's death de facto, or de jure.
(2) Where the presence one of any of the legatees is hopeless the bequeathed shall return as inheritance.
Benefiting of those present of the unidentified category capable of limitation by the bequeathed
304. Those present of the unidentified category capable of limitation shall, before identifying them benefit by the
bequeathed and change of the beneficial shares whenever there occurs among them birth, or death.
Division of yield of the bequeathed
305.
The yield of the bequeathed shall be divided for those unidentified, and not capable, of limitation, among
those present thereof, and nothing to those who have died before division.
Application of rules of the unidentified legatee's capable of limitation to the identified legatee
306.
There shall apply to an identified legatee's in the first instance, the rules of the unidentified legatee capable
of limitation, where they have been included in one legacy.
Sale of the bequeathed to the unidentified
307.
The bequeathed shall be sold to the unidentified, where it is feared to be lost, or decrease of value, and
there shall be purchased by its price what the legatees may benefit thereby.
Spending the legacy in aspects of benevolence and charitable and scientific institutions
308.(1) There shall be spent on aspects of benevolence and the charitable, and scientific institutions, on their
interests, such as management, construction, residents and otherwise of their affairs, unless the spending is
designated by custom, or implication.
(2)
The yield of the bequeathed shall be spent on the expected institutions to the nearest similar thereto,
pending the existence thereof.
Conditions of the bequeathed
309. There shall be required of the bequeathed to be owned by the testator and the object thereof shall be lawful.
The bequeathed co-owned in undivided shares
310. (1) A bequeathed shall be co-owned in undivided shares, or definite.
(2) A co-owned bequeathed in undivided shares shall include the entire testator's current and future property.
The definite bequeathed
311.(1) A definite bequeathed shall be real estate, moveable property, fungible or ad valorem, in kind or use.
(2)
Where a testator bequeaths a definite article to a person, and then bequeaths the same to another, it shall be
divided equally between them unless he proves that he has intended to waive the first legacy.
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