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Showing 31–40 of 1107 articles for “Art. n° 92-21.094”
If the person whose death has been judicially declared reappears after the declaratory judgment, the Public Prosecutor or any interested party may prosecute, in the forms provided for in Articles 89 e…
The investigating judge may visit the scene to make any useful observations or carry out searches. He shall notify the public prosecutor, who may accompany him. The investigating judge is always assis…
Direct or indirect gifts that affect the reserve of one or more heirs are reducible to the available portion when the estate is opened.
Where the liberality exceeds the available portion, the gratified person, whether successor or non-successor, must compensate the reserved heirs to the extent of the excessive portion of the liberalit…
Where testamentary dispositions exceed either the available portion or the portion of this portion remaining after deducting the value of inter vivos gifts, the reduction shall be made by the marc le…
The reduction of inter vivos dispositions may only be requested by those in whose favour the law makes the reserve, by their heirs or successors: the donees, the legatees, nor the creditors of the dec…
The reduction is determined by forming a mass of all the assets existing at the death of the donor or testator. Assets disposed of by donation inter vivos are fictitiously joined to this mass, accordi…
Donations inter vivos shall never be reduced until the value of all the property included in the testamentary dispositions has been exhausted; and when there is need for such reduction, it shall be ma…
Any presumptive reserved heir may renounce the right to bring an action for reduction in an unopened succession. Such renunciation must be made in favour of one or more specified persons. The renuncia…
Where the reduction is carried out in kind, the donee returns the fruits of what exceeds the available portion, from the day of the donor's death, if the application for reduction is made within the y…
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