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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

The facts establish technical preterition under Article 854 of a surviving compulsory heir in the direct line. The will also contains specific legacies that do not impair any legitime. A party argues that preterition automatically voids every legacy as well as the institution of heirs. Which answer is correct?

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The omitted heir must accept the omission as an implied disinheritance. The institution remains entirely unaffected. Every noninofficious legacy must fail. Article 854 annuls the institution of heirs but preserves devises and legacies insofar as they are not inofficious.

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