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Cap. 16 · Civil Code (Cap. 16)

Cap. 16 Art. 938Where heir, etc., entitled to reserved portion demands abatement of gifts made to others.

Sub-title III

In forceOfficial text

(1) Notwithstanding the provisions of articles 923 and

930, where the donee or legatee entitled to the reserved portion, sues for the abatement of any disposition made in favour of a donee, a co-heir, or a legatee even if a stranger, on the ground that such disposition exceeds the disposable portion, he shall impute to the reserved portion any donation or legacy made to him, unless he shall have been expressly exempted therefrom.

(2) Any such exemption shall not operate to the prejudice of a prior donee.

(3) Any other thing which, according to the rules laid down in the foregoing articles, is not subject to collation, shall likewise be exempted from being brought into account. § V.OF THE PAYMENT OF DEBTS

Amendment history
  • Amended by XVIII.2004.101