Cap. 16 Art. 638Cases where surviving spouse cannot claim rights.

The provisions of articles 631, 632, 633 and 635 shall not apply in any of the following cases:

(a) if, at the time of the death of one of the spouses, the spouses were separated by a judgement of the competent civil court, and the surviving spouse had, in terms of articles 48, 51 and 52, forfeited the rights referred to in those articles;

(b) where the predeceased spouse has, by his will, on any of the grounds mentioned in article 623(a), (b), (c), (d) and (e), or on the grounds of adultery, expressly deprived the surviving spouse of the rights referred to in articles 631 to 633 and 635 and such ground, or where more grounds are stated, any of such grounds, is proved;

(c) if, in regard to the surviving spouse, there exists any of grounds on which such spouse would under article 605 be, as unworthy, incapable of receiving by will.