1st order
Descendants
Legitimate and illegitimate children have the same
rights. (law of the december 3rd, 2001 *).
2nd order (mixed)
Privileged ascendants and privileged collateral relatives.
3rd order
Other ascendants.
4th order
Other collateral relatives up to 6th degree (CC -art. 745).
*The law of the december 3rd, 2001 should be applied
from july 1 st , 2002.
Rights of the
surviving spouse (law of the december
3rd, 2001)
IF THERE ARE DESCENDANTS:
- from both spouses : choice between usufruct of the entire
succession and ¼ in full ownership.
- from other spouses
: ¼ in full ownership.
IF IN PRESENCE OF FATHER AND MOTHER OF
THE DECEASED: - 1/2 in full ownership;
- 3/4 in full ownership, if
only one of them is present.
IF IN PRESENCE OF PRIVILEGED COLLATERAL
RELATIVES OR OTHER RELATIVES:
- full ownership of the
entire succession;
- reserve of ¼ in
full ownership.
