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2016-12-30 04:02 网络整理 教案网

A legatee should, within two months from the time he learns of the legacy, make known whether he accepts it or disclaims it. In the absence of such an indication within the specified period, he is deemed to have disclaimed the legacy.

Article 26

If a decedent's estate is partitioned, half of the joint property acquired by the spouses in the course of their matrimonial life shall, unless otherwise agreed upon, be first allotted to the surviving spouse as his or her own property; the remainder shall constitute the decedent's estate.

If the decedent's estate is a component part of the common property of his family, that portion of the property belonging to the other members of the family shall first be separated at the time of the partitioning of the decedent's estate.

Article 27

Under any of the following circumstances, the part of the estate affected shall be dealt with in accordance with statutory succession

(1) where inheritance is disclaimed by a testamentary successor or the legacy is disclaimed by a legatee;

(2) where a testamentary successor is disinherited;

(3) where a testamentary successor or legatee predeceases the testator;

(4) where an invalidated portion of the will involves part of the estate; or

(5) where no disposition is made under the will for part of the estate.

Article 28

At the time of the partitioning of the estate, reservation shall be made for the share of an unborn child. The share reserved shall, if the baby is stillborn, be dealt with in accordance with statutory succession.