Article 773
In the absence of a summons, the heir retains the option to opt, if he has not otherwise acted as an heir and if he is not held to be an accepting heir pure and simple pursuant to articles 778, 790 or…
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Showing 6091–6100 of 24360 articles for “Art. 155 IV”
In the absence of a summons, the heir retains the option to opt, if he has not otherwise acted as an heir and if he is not held to be an accepting heir pure and simple pursuant to articles 778, 790 or…
…his period is deemed to have renounced. Time-barring only runs against an heir who has left the surviving spouse in possession of the hereditary property from the opening of the latter's succession. T…
The option cannot be exercised before the opening of the succession, even by marriage contract.
The option is indivisible. However, a person who has more than one succession claim to the same estate has a separate right of option for each of them.
The option exercised has retroactive effect to the day on which the estate is opened.
The personal creditors of a person who refrains from accepting a succession or who renounces a succession to the prejudice of their rights may be authorised in court to accept the succession in their…
…At the expiry of this period, he may be summoned, by extrajudicial act, to take sides at the initiative of a creditor of the succession, a co-heir, an heir of subsequent rank or the State.
…ired, the person claiming to be an heir must prove that he or the person or persons from whom he derives that status accepted the succession before the expiry of that period.
The provisions of articles 771, 772 and 773 apply to the next-ranking heir called to succeed where the first-ranking heir renounces the succession or is unworthy to succeed. The four-month period prov…
…is a cause of nullity of the option exercised by the heir. The action for nullity is barred after five years from the day on which the error or fraud was discovered or the day on which the violence c…
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