After these deductions are made, what remains the bulk divided into as many equal shares as there are heirs or branches taking part best essay writing company in the division.
All possible care shall taken in forming and composing the shares, as avoid cutting the estate and dividing works, and proper include in each share, if possible, the same quantity personal and real property, and rights or claims the same nature and value. Civ. Any inequality in the shares in kind compensated a return made either an annuity or in money.
The shares are made one the heirs, if they can agree between them as his selection, and if the one chosen accepts such duty otherwise the shares are made an expert whom the delegated Judge appoints. Thereafter the lots are drawn. Before drawing the lots each coparcener entitled present his objections their formation. The rules established for the division made best college application essay service the bulk the estate shall also followed in the subdivisions made between the branches taking part in the division.
If, in the proceedings carried before a notary, any disagreement arises, the notary shall draw an official report the controversies and respective statements the parties, and shall send the parties before the delegated Judge appointed for the division in other respects the rules provided the laws procedure shall followed. If all the heirs are not present, or if among them there are interdicted persons or minors, even emancipated, the division shall take place before the Court in accordance with the rules provided article, and including the foregoing article. If there are several minors having dififerent interests in the division, a special and distinct guardian shall given each them. If a judicial sale real estate takes place in the case mentioned in the foregoing article, can oply made before the Court and in accordance with the rules provided for the conveyance property minors.
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Outsiders are always admitted. Divisions made in accordance with the rules above provided, either guardians with the consent the family council or emancipated minors with the assistance their curators, or in the name absentees or persons not present, shall final they shall only provisional if the rules set down have not been followed.
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Any person, even one related the decedent who does not inherit from him and whom a co-heir has assigned his right the succession, can excluded from the division, either all the co-heirs or one them, the return such person the amount paid upon the assignment. After the division, each heir shall receive the special deeds appertaining the property which help writing personal statement has come The title-deeds a piece property which has been divided shall remain with the one who has the largest portion, with the obligation for him assist those his coparceners who are interested therein, when requested The title-deeds relating the whole estate shall delivered the one whom the heirs have chosen receive them deposit, with the obligation help the coparceners If there any disagreement as the selection. Every heir, even a beneficiary heir, coming into a succession shall return his co-heirs everjrthing has received from the decedent, directly or indirectly, donation inter vims cannot keep the donations nor claim the legacies left him the decedent unless these donations and legacies have been made him expressly preciput and above his share or with exemption from collation.
Even in case the donations or legacies should have been made way preciput and with exemption from collation, the heir taking part in a division can only keep them the extent the portion which can disposed the surplus subject collation. An dissertation editing heir who renounces the succession can, nevertheless, retain the donation inter vivos or claim the legacy made him, the extent the portion which can disposed. A donee who was not a presumptive heir at the time the donation, but who inherits at the time the opening the succession, also bound collate, unless the donor has exempted him therefrom. Donations and legacies made the son a person who a successor at the time the opening the succession are always supposed made with exemption from A father coming the succession the donor not obliged collate them. Likewise, a son coming in his own right the succession the donor not hound collate the donation made his father, even if has accepted the latter's succession but if the son only comes representation must collate what had been given his father, even if has repudiated his succession. Donations and legacies made the husband or wife a person who inherits are considered as having been made with exemption from collation. If the donations and thesis proposals legacies are made jointly a husband and wife whom only one inherits, this one collates the half if the donations are made a husband or wife who inherits, or she collates the whole. Collation only made the succession the donor.
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