Amends The Civil Code And Other Legal Bodies In Matters Of Filiation

Original Language Title: MODIFICA EL CODIGO CIVIL Y OTROS CUERPOS LEGALES EN MATERIA DE FILIACION

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
"Article 1.-Introducense the following |! | amendments to the Civil Code: 1. Article 28, be replaced by the following: ' article 28. Relationship by consanguinity is |! | that exists between two people that descend one |! | the other or a same parent, in any of |! | his grades. ".
2 repealed article 29.
3 repealed article 30.
4. replace article 31, by the following: ' article 31. Which is kinship by affinity |! | exists between a person who is or has been married and |! | the blood of your husband or wife.
The line and the degree of affinity of a person with a |! | blood of your husband or wife, are qualified by the |! | line and degree of consanguinity of the husband or wife |! | with the SIB said. Thus, a male is in first |! | degree of affinity, in the straight line, with the children |! | incurred by his wife in a previous marriage; and in |! | second degree of affinity, in the transverse line, with |! | the brothers of his wife. ".
5 repealed article 32.
6 repealed article 33 and add, with the same |! | numbering, the following new article: "article 33. They have the civil status of children |! | with respect to a person those whose filiation is |! | is determined, in accordance with rules |! | provided for in Title VII of book I of this code. |!| The law considers equal to all the children. ".
7 repeal articles 35 and 36.
8 insert the following article 37: "article 37. The filiation of children can not |! | be determined with respect to his father, of its |! | mother or of both. ".
9 repealed article 40.
10 repeal of the final paragraph of article 41.
11 replace the subparagraph first of article 42, |! | by the following: ' article 42. In cases in which the law provides |! | to hear the relatives of a person, is |! | shall be included in the denomination spouse |! | This and their relatives of one and another sex, older |! | of age. In the absence of relatives in sufficient number |! | shall be heard the related. ".
12 disposed of in article 43, the word |! | " legitimate ".
13 Article 107, replace by the following: ' article 107. Those who have not met eighteen |! | years may not marry without the express consent of |! | their parents; If you were one of them, the other parent or |! | mother; or in the absence of both, the one of the parent or of the |! | nearest degree ascendants.
Contrary votes equal will prefer the |! | Pro marriage. ".
14 repealed article 108.
15 article 109, replace by the following: ' article 109. Means missing father or |! | mother or another parent, not only for deceased, |! | but to be insane; or be absent from the |! | territory of the Republic, and not expect his soon |! | return; or ignore the place of their residence.
Also means missing father or mother when |! | the paternity or maternity has been determined |! | legal action against your opposition. ".
(16. En el artículo 111: a) replace, in the first paragraph, the phrase "to |! | lack of such parents, mother or ancestors "by |! |" (A falta de dichos padre, madre o ascendientes'', y b) replace the final paragraph by the following: "case of a child whose filiation still hasn't |! | been determined with respect to any of their parents, the |! | consent to marriage will give it to your curator |! | General. In the absence of this, the provisions will apply in |! | the previous paragraph. ".
17 replaced the causal 5th of article 113, by |! | the following: "5th having been convicted that person of offence |! | that it merits punishment disturbing; ".
18 replace the second paragraph of article 122, |! | by the following: "However, the nullity declared by incompetence |! | official, by not having held the marriage |! | due to the number of witnesses required by law or by |! | inability of these, will not affect the affiliation |! | marriage of the sons, although there has been no good faith |! | not just cause of error. ".
19 insert the following article 130, new: "article 130. When the mother having passed to |! | other nuptials doubt which of the two marriages |! | belongs to a son, and is seeking a court decision |! | in accordance with title VIII, judge rules |! | It shall decide, taking into account the circumstances.
The expert evidence of a biological nature and |! | opinion of practitioners will be enacted if it is |! | requests.
They will be jointly and severally obliged compensation |! | all damages and expenses caused to third parties |! | by the uncertainty of paternity, the woman who |! | before the due time has passed to other marriages, |! | and her new husband. ".
20 replaced the phrase in article 147 |! | " During the marriage or dissolved this "by" during |! | the marriage or after the Declaration of its |! | nullity ".
21 Article 174, replace by the following: ' article 174. The spouse who has not caused |! | divorce is entitled to the other spouse thing |! | provide food according to the General rules. ".
22 article 177, replace by the following: ' article 177. If the guilt of the spouse |! | against who has obtained the divorce may be attenuated |! | by serious circumstances in the conduct of the spouse that |! | requested, will judge moderate the rigor of the |! | foregoing provisions. ".
23. repeal the titles VII to XV of book I, |! | both inclusive, composed of articles 179 to 296.
24 Introducense to the book I the following titles |! | VII to X: "Title VII of affiliation 1. General rules.

Article 179. Natural filiation may be |! | marital or non-marital.
The adoption, between adopter and adoptee rights and |! | the affiliation that could be established between them, are |! | governed by the respective law.
Article 180. Sonship is double when |! | There is marriage between parents at the time of the |! | conception or birth of the child.
Is also matrimonial filiation of the son whose |! | parents marry subsequent to its |! | birth, always to fatherhood and motherhood |! | they have been previously determined by the media than |! | This code sets, either be determined by |! | survey by both parents in the event of the |! | marriage or during his term, in the prescribed manner |! | by article 187. This matrimonial filiation |! | She is using, where appropriate, to the seed of the son |! | deceased.
In other cases, filiation is not marriage.
Article 181. Sonship produces civil effects |! | When it is legally determined, but these are |! | they rolled back to the time of the conception of the child.
However, persist as acquired rights and |! | obligations before its determination, |! | but the son will attend the open successions with |! | prior to the determination of their filiation, when |! | to be called as such.
All of the above is understood without prejudice of the |! | prescribing rights and shares, |! | It will take place in accordance with the General rules.
The accreditation of certain sonship is |! | will be compliant with the rules laid down in the |! | Title XVII.
Article 182. The father and the mother of the son |! | conceived through the application of techniques of |! | assisted human reproduction are the man and the woman |! | that it is submitted to them.
Certain affiliation cannot contest is de |! | According to the preceding rule, nor claim a |! | different.

2. in the determination of motherhood.

Article 183. Motherhood is determined |! | legally by childbirth, when the birth and the |! | identities of the son, and of the woman who has given birth |! | They consist in the Civil registry items.
In other cases the maternity leave is determined by |! | recognition or judgment in trial of filiation, |! | as the following articles have it.

3. in the determination of matrimonial filiation.

Article 184. Children of the husband is presumed the |! | born after the marriage and |! | within three hundred days to his |! | dissolution or divorce of the spouses.
This presumption shall not apply regarding which |! | was born before expiry of the one hundred and eighty days |! | subsequent to the marriage, if the husband had no |! | knowledge of the pregnancy at the time of marriage and |! | unknown paternity legally. The action is |! | He shall exercise within the term and form that is expressed in the |! | articles 212 and following. However, the husband may not |! | exercise it if by positive acts has recognized the son |! | after birth.
Governed, on the other hand, the presumption of paternity |! | with respect to the born three hundred days after |! | divorce, decreed by the fact recorded as |! | father in the name of her husband, at the request of both |! | spouses, in the registration of birth of the child.
So determined or unknown parentage may |! | be contested or claimed, respectively, agreement |! | with the rules laid down in title VIII.
Article 185. Is marital filiation |! | determined by the birth of the child during the |! | marriage of their parents, provided the maternity leave and the |! | paternity leave are legally established in conformity |! | with articles 183 and 184, respectively.
In the case of the child before marrying their |! | parents, matrimonial filiation is determined by |! | the celebration of the marriage, provided that the |! | maternity and paternity are now certain with |! | According to article 186 or, otherwise, by the |! | latest recognition according to the established in the |! | following paragraph.
Matrimonial filiation may also determine |! | by ruling in trial of filiation, that is |! | It subinscribirá to the margin of the registration of birth |! | of the son.

4. in the determination of filiation not |! | Double.

Article 186. Is non marital filiation |! | legally determined by the recognition of the father, |! | the mother, or both, or by judgment at trial of |! | filiation.
Article 187. The recognition of the child will have |! | through a statement with that |! | object determined by the father, the mother or both, according to |! | cases: 1 before the officer of the Civil Registry, at the moment |! | register the birth of the child or in the Act of the |! | marriage of the parents;
2nd in report issued at any time, before |! | any officer of the Civil Registry;
3rd in a public deed, or 4th in probate Act.
If one single parents is recognized, not |! | you will be required to express the person who or whom |! | He was the son.
The recognition that no record on registration |! | birth of the child, it will be subinscrito to its margin.
Article 188. The fact recorded the name of the |! | father or mother, at the request of any of them, |! | at the time of practice is the registration of the birth, |! | It is sufficient recognition of filiation.
So is the confession of paternity or |! | maternity leave, given under oath by the so-called |! | father or mother who is summoned to the judicial presence with |! | such an object by the child or, if this is unable to, by its |! | legal representative or anyone with him under his care. In |! | the citation, which may not exercise more than once with |! | relationship to the same person should concur, is |! | It will express the object of it and will require the |! | personal presence of the alleged father or mother. The minutes |! | in that record the confession of paternity or maternity is |! | It subinscribirá to the margin of the registration of birth |! | the son, for which the Court sent to registry |! | Civil certified true copy.
If the cited not appearance personally to the |! | hearing set by the Court, may request a |! | second citation within three months.
All in bad faith or for the purpose requested citation |! | serious injury to the honour of the aforementioned person, will force to the |! | applicant to indemnify the damages caused to the |! | affected.
Article 189. Effects will not have recognition |! | of a son who have legally given a |! | different affiliation, without prejudice to the right to exercise |! | the actions referred to in article 208.
Recognition is irrevocable, but are |! | contains a testament revoked by another act |! | Probate posterior, and not susceptible de |! | modalities.
Recognition shall not prejudice the rights of |! | third parties in good faith acquired with |! | prior to the under-registration of this outside of the |! | registration of birth of the child.
Article 190. The recognition by Act between |! | living mentioned in article 187, may be carried out by |! | media representative constituted by public deed and |! | specially empowered for this purpose.
Article 191. The son who, at the time of the |! | recognition, be of legal age, you can disown him |! | within a period of one year, counted from that thing |! | He met. If it is lower, no one can disown him but he |! | within a year, have since come to the |! | older, learned of the recognition.
The curator of the major who is in |! | ban by dementia or sordomudez, you will need |! | judicial authorization to be able to repudiate.
Sink under interdiction will not need |! | authorization of their legal representative or justice |! | to repudiate.
The repudiation must be by public deed, |! | within the period referred to in this article. This |! | writing must subinscribirse on the sidelines of the |! | registration of birth of the child.
Repudiation deprived retroactively to the |! | recognition of all the effects that benefit |! | exclusively to the son or their descendants, but not |! | It will alter the rights already acquired by the parents or |! | third parties, nor shall apply to acts or contracts |! | validly executed or entered into prior to |! | the corresponding under-registration.
Any repudiation is irrevocable.
Article 192. Will not repudiate the son, |! | During his older, has accepted the |! | express or tacit recognition.
Acceptance is express when the title is taken |! | child in public or private instrument or act of |! | judicial processing.
It is tacit when performing an act that involves |! | necessarily the quality of son and that is not any |! | Unable to run but in that character.
Article 193. If it is dead the son who recognizes |! | or if the recognized child dies before arriving to the |! | older, his heirs may be repudiation |! | within the year following recognition, in the first |! | case, or of death, in the second, holding on to the |! | provisions of the preceding articles.
If the recognized major dies before de |! | expiry of the term having to disown, his |! | heirs may be repudiation during the |! | time that he had failed to complete this |! | term.
Article 194. The repudiation of any of the |! | awards that give rise to the matrimonial filiation |! | those born before the marriage of the parents, that |! | It is granted in accordance with the previous standards, |! | It will prevent that legally this filiation is determined.

Title VIII of the actions of affiliation 1. General rules.

Article 195. The law enables the investigation of |! | the paternity or maternity, in the form and with the media |! | provided for in the articles that follow.
The right to claim filiation is |! | imprescriptible and inalienable. However, their |! | economic effects are subject to rules |! | General prescription and resignation.
Article 196. The judge will only give course demand |! | If it occur history sufficient |! | the facts in that melts to make plausible.
When do not give course for this reason, will order |! | notify your resolution of trade and by receiver of |! | I turn to the person against whom the action is tried.
Article 197. The process will have secret character |! | that it is issued up to sentence term, and they will only |! | access to the parties and their legal representatives.
The person who exercises a filiation action of |! | bad faith or for the purpose of injuring the honor of the |! | respondent is obliged to indemnify the |! | damages caused to the plaintiff.
Article 198. In trials on determination of |! | filiation, motherhood and parenthood may |! | established through all kinds of tests, mandated |! | ex officio or upon request of a party.
However, for these effects to be insufficient |! | alone the testimonial evidence, and shall apply to the |! | the requirements of article 1712 presumptions.
Article 199. The expert evidence of character |! | biological practiced by the Legal medical service or |! | by suitable for thus, laboratories designated by the |! | judge. Always, and only once, parties will have |! | right to request a new biological expert report.
The unjustified parties refusal to |! | undergo biological expertise set up a presumption |! | serious against him, the judge will appreciate in the |! | terms of article 426 of the code of procedure |! | Civil. Article 200. The notorious possession of quality of |! | son with respect to particular person will also serve |! | so the judge will have to sufficiently accredited the |! | affiliation, provided that has lasted at least five years |! | continuous and try for a set of testimonies and |! | reliable background or circumstances which the |! | establish an irrefragable way.
The notorious possession is that his father, mother |! | or both have treated him as a son, providing to its |! | education and establishment of a competent way, and |! | by presenting it in that character to their relatives and friends; y |!| These and the neighbourhood of his home in general, |! | you have reputed and recognized as such.
Article 201. The notorious possession of civil status |! | son, duly accredited, will prefer to proofs |! | expert of biological character where you have |! | contradiction between one and the other.
However, if there are serious reasons than |! | demonstrate the inconvenience for the child to implement the |! | former rule, prevail the tests of character |! | biological.
Article 202. Action for nullity impetrar |! | of the Act of recognition by vices of will |! | It is barred in the term of one year, counted from the |! | date of granting or, in the case of force, since |! | the day that this has ceased.
Article 203. When the filiation has been |! | determined judicially against the opposition of the father |! | or mother and that this will be private homeland |! | authority and, in general, of all the rights as per the |! | Ministry of law will confer respect of the |! | person and property of the child or of his descendants. The |! | judge shall so declare him in judgment and it was |! | It will leave record in the corresponding under-registration.
The father or mother shall keep, on the other hand, all their |! | legal obligations which go to benefit |! | the child or their descendants.
However, it will be returned to the father or mother all |! | rights of which is private, if the son, |! | reached its full capacity, manifested by writing |! | public or will its willingness to restore him in |! | them. The restoration by public deed |! | It will produce effects from its sub-enroll to the margin of |! | the registration of birth of the child and will be |! | irrevocable. The restoration by probate Act |! | It will produce effects since the death of the deceased.

2. from the actions of claim.

Article 204. The action of claim of the |! | matrimonial filiation corresponds exclusively to the |! | son, the father or the mother.
In the case of children, the action should be |! | be brought jointly against both parents.
If the action is exercised by the father or the mother, |! | must be the other parent intervene forcibly in the |! | judgment, under penalty of nullity.
Article 205. The action of claim of the |! | non marital filiation corresponds only to the child against |! | his father or mother, or any of these when the |! | child has determined a different affiliation, for thing |! | which are subject to the provisions of article 208.
It may also claim the filiation the |! | legal representative of the son unable to, in the interest of |! | This is.
Article 206. If the child is posthumous, or if any of |! | parents died within hundred eighty days |! | following birth, the action may contact against |! | the heirs of the father or mother deceased, |! | within a period of three years from his death |! | or, if the child is unable, since this has reached |! | the full capacity.
Article 207. If any dead son being |! | Unable to, the action may be exercised by his heirs, |! | within the period of three years from death.
If the child dies within three |! | years since it reached the full capacity, action |! | It will be up to his heirs for as long as |! | It fails to complete the term.
The term or its residue will start to run for the |! | heirs unable since they reach the full |! | capacity.
Article 208. If certain affiliation |! | of a person and wishes to claim another, |! | actions must be simultaneously exercised de |! | challenge the existing filiation and claim |! | the new affiliation.
In this case, not apply to the action of |! | challenge the deadlines mentioned in paragraph 3 of |! | This title.
Article 209. Judicially claimed sonship, |! | the judge may impose provisional food in the |! | terms of Article 327.
Article 210. The cohabitation of the mother with the |! | so-called father, during the time in which it has been able |! | produce legally conception, it will serve as a base |! | for a judicial presumption of paternity.
If the alleged father proved that the mother cohabited |! | with another during the legal period of conception, this |! | single circumstance will not suffice to dispose of the demand, |! | but may not be held in trial without |! | location of him.

3. in the actions challenge.

Article 211. The affiliation remains without effect by |! | contesting of paternity or maternity as |! | with the precepts that follow.
Article 212. The paternity of the conceived child or |! | born during the marriage may be contested by the |! | husband within hundred eighty days to the |! | day on which he had knowledge of the birth, or within the |! | within one year, counted from the same date, if |! | test that was separated at the time of childbirth |! | Indeed, of the woman.
The residence of the husband in the birthplace |! | the son will do boast that he knew immediately; a |!| try less than that by women has been |! | concealment of birth.
If at the time of birth was the husband |! | absent, it is presumed that he knew immediately after |! | of his return to the residence of the woman; unless |! | hiding mentioned in the preceding paragraph.
Article 213. If the husband dies without knowing the |! | childbirth, or before expired the term to challenge |! | pointed out in the previous article, action |! | It will be up to his heirs, and in general, all |! | person to whom the alleged paternity irrogare |! | current prejudice, for that same period, or the time as |! | It fails to complete it.
Cease this right if the father has recognized |! | the son as yours in your will or other instrument |! | public.
Article 214. Inventorship referred to the |! | Article 212 may also be challenged by the |! | legal representative of the son unable to, in the interest of |! | This, during the year following the birth.
The son, by itself, may bring the action of |! | challenge within one year, since it reaches |! | the full capacity.
Article 215. In the trial of challenge of the |! | paternity of the son of matrimonial filiation, mother |! | It will be cited, but not forced to appear.
Article 216. The determined paternity by |! | recognition may be challenged by his own son, |! | within a period of two years counted since he learned of |! | that recognition.
If the child is unable, this action will be exercised |! | in accordance with the rules laid down in article 214.
If the child dies without knowing that Act, or formerly |! | of the expired to challenge paternity, the |! | action shall correspond to their heirs by the same date |! | or the time that elapsed to complete, counted from |! | the death of the son.
The foregoing applies also to challenge |! | the paternity of children born before marriage |! | his parents, but within two years he will be |! | Since the child knew of the marriage or of the |! | recognition that produced it.
May also contest the determined paternity |! | recognition by everyone that you try an interest |! | current, within the period of a year since he had that |! | interest and could enforce his right.
Article 217. Motherhood may be contested, |! | testing false labor, or impersonation of the purported |! | the real son.
They have the right to challenge it, within the year |! | following the birth, the husband of the alleged mother |! | and the same alleged mother.
They may also challenge it, at any time, the |! | real father or mother of the child, the true son or |! | that is passed by if is jointly claimed the |! | determination of true sonship with son |! | real or supposed. If the action of impugnation of the |! | the purported son maternity is not entablare |! | together with the claim, should be exercised |! | in the year since it reaches their full |! | capacity.
However the time limits have expired |! | in this article, in the case of exit unexpectedly to |! | light some incompatible with motherhood fact |! | putative, may survive or revive the respective action |! | for one year following the exposure of the |! | fact.
Article 218. The action shall be granted also for |! | challenge to any other person to whom maternity |! | apparent currently prejudiced in their rights on the |! | testamentary succession or intestacy, of so-called |! | father or mother, provided that there is no noticeable possession |! | civil status.
This action will expire within one year, |! | Since the death of the father or mother.
Article 219. None of those who have had |! | part in the fraud of false birth or impersonation, |! | She is using in any way the discovery of the |! | fraud, or even to exercise rights over son |! | parental authority, or to demand food, or for |! | happen on their property by cause of death.
The sentence that sanction fraud or the |! | impersonation must be expressly declared this deprivation |! | rights and subinscribirá on the sidelines of the |! | registration of birth of the child.
Article 220. Shall not challenge a |! | filiation determined by judgment, notwithstanding |! | What is available in the article 320.
Article 221. The judgment giving rise to action |! | claim or contestation must be subinscribirse to the |! | Apart from the registration of birth of the child, and not |! | It will harm the rights of third parties of good faith than |! | acquired prior to the |! | under-registration.


Title IX rights and obligations between parents and |! | Article 222 children. The children must respect and obedience |! | their parents.
The fundamental concern of parents is the |! | best interests of the child, to which will seek its |! | greater spiritual realization and possible material, and thing |! | will guide you in the exercise of the essential rights that |! | they emanate from human nature of mode according to the |! | evolution of their faculties.
Article 223. Although the emancipation confers to the |! | son the right to act independently, remains |! | always forced to care for the parents in their |! | old age, in the State of dementia, and in all the |! | life circumstances that require their |! | aid.
They are entitled to the same relief everyone else |! | ascendants, in case of absence or insufficiency |! | immediate descendants.
Article 224. Plays together parents, or to the |! | father or mother surviving, the personal care of the |! | upbringing and education of their children.
The personal care of the child not conceived nor born |! | during the marriage, recognized by one of the parents, |! | It is the parent who has recognized it. Yes |! | has not been recognized by any of its parents, the |! | person who will have their care will be determined by the |! | judge.
Article 225. If the parents live apart, to the |! | mother plays the personal care of the children.
However, by public deed or minutes |! | extended to any officer of the Civil Registry, |! | subinscrita aside from the birth registration |! | the child within thirty days to his |! | granted, both parents acting in agreement, |! | may determine that one or more personal care |! | children corresponds to the father. This agreement may be |! | revoked, fulfilling the same solemnities.
In any case, when the interest of the son does |! | indispensable, whether by abuse, neglect or other cause |! | qualified, the judge may deliver personal care |! | to the other parent. But you can not trust the care |! | personal to the parent who had not contributed to |! | the maintenance of the child while he was under the care |! | the other parent can do.
While a relative care sub-enroll |! | staff is not cancelled by another back, all new |! | agreement or resolution shall be unenforceable to any third party.
Article 226. Can the judge, in the case of |! | inability to physical or moral of both parents, to trust the |! | caution the children to another staff person or persons |! | competent.
The choice of these people is preferred to the |! | consanguineous closer, and above all, the |! | ascendants.
Article 227. In the areas referred to in the |! | preceding articles, the judge will know and will solve |! | brief and summarily, listening to children and to the |! | relatives.
The resolutions handed down, once |! | ejecutoriadas, subinscribirán in the form and term |! | sets the article 225.
Article 228. The married person to who it may concern |! | the personal care of a child who was not born that |! | marriage, only you can have it in common household with the |! | consent of spouse.
Article 229. The father or mother who does not have the |! | personal care of the child is not deprived of the right |! | you will be exempt from the duty, which is to maintain with |! | the direct relationship and regular, which will exercise with |! | the frequency and freedom agreed with whom it has a |! | his position, or, failing that, that the judge considers |! | suitable for the child.
It will suspend or restrict the exercise of this |! | right when it manifestly impairs well-being |! | the son, which will declare the Court founded.
Article 230. The costs of education, upbringing and |! | establishment of the children are in charge of society |! | married, according to the rules trying to she be |! | they will say.
If not present, the parents will contribute in |! | proportion to their respective economic powers.
In the event of death of the father or mother, these |! | expenses correspond to the survivor.
Article 231. If the child has own goods, |! | the expenses of its establishment, and if necessary, |! | upbringing and education, can get out of them, |! | keeping intact the capital whenever |! | possible.
Article 232. The obligation to feed and educate |! | the son who has no assets, passes, due to the lack or |! | failure of parents, grandparents, by one and |! | another line, jointly.
Article 233. In case of disagreement between the |! | forced to the contribution of breeding costs, |! | education and establishment of the child, this will be |! | determined by its economic powers by |! | the judge, who may from time to time modify it, |! | Depending on the circumstances arising.
Article 234. Parents will have the Faculty of |! | correct the children, taking care that it does not undermine its |! | health or personal development.
If it is to produce such impairment or is feared |! | founded whichever, the judge, at the request of |! | any person or ex officio, will Decree measures in |! | protection of the child, without prejudice to the sanctions that |! | appropriate apply for breach.
When necessary for the welfare of the child, |! | parents may apply to the Court to determine |! | on the future life of him by the time |! | more convenient, which may not exceed the term than |! | missing for eighteen years of age.
The decisions of the judge may not be modified |! | by the will of the parents.
Article 235. The provisions contained in the |! | previous article extends, in absence, |! | disability or death of both parents, to any other |! | person to whom corresponds the personal care of the |! | son.
Article 236. Parents shall have the right and the |! | duty to educate their children, guiding them towards their |! | full development at different stages of his life.
Article 237. The right as per article |! | above is granted to parents, will cease for the |! | children whose care has been entrusted to another person, the |! | which be exercised with the consent of the guardian or conservator, if |! | She herself is not.
Article 238. The rights granted to parents |! | in the previous articles cannot be claimed on |! | the son who have abandoned.
Article 239. In the same disenfranchisement |! | incur parents who have by their moral inability |! | given reason to Providence of separating children from |! | his side; unless this has later been revoked.
Article 240. If the child abandoned by his parents |! | It has been fed and raised by another person, and |! | like their parents get power from it, should |! | be authorized by the judge to do so, and previously |! | they must pay the costs of upbringing and education, |! | priced by the judge.
The judge granted only permission if it considers, |! | for serious reasons, which is convenience for the son.
Article 241. If the absent younger son of |! | his home is in urgent need, that can not |! | be assisted by the parent who has care |! | personally, this or this authorization shall be presumed |! | for the supplies that are made him, by any |! | person, because of food, taking into consideration of |! | their social position.
Which make the Lymphedema should give news |! | of them to the father or mother as soon may be |! | possible.
All voluntary omission at this point will make cesar the |! | liability.
What was said of the father or mother in subparagraphs |! | precedent extends if the person to whom, |! | by death or inability of parents, touch the |! | bearing capacity of the child.
Article 242. The resolutions of the judge under the |! | respects referred to in the above rules is |! | they revoked by the cessation of the cause given |! | reason to them, and may also be modified or |! | revoke, in any case and time, if reason ensues |! | fair, and complies with the legal requirements.
In any case, to adopt its resolutions judge |! | It will serve as a primary consideration, the interest |! | superior of the son, and duly taken into account their |! | reviews, depending on their age and maturity.

Title X of the parental authority 1. General rules.

Article 243. Parental authority is the set of |! | rights and duties which correspond to the father or to the |! | mother on property of their unemancipated children. |!| Parental authority shall be exercised also on the |! | any rights of the son who is about to be born.
Article 244. Parental authority shall be exercised by |! | the father or the mother, or both jointly, according to |! | agree agreement signed by public deed or |! | Act extended to any official log |! | Civil, that it subinscribirá apart from the inscription |! | of birth of the child within thirty days |! | following its issuance.
In the absence of agreement, the father plays the exercise of |! | parental authority.
In any case, when the interest of the son does |! | necessary, at the request of one of the parents, the judge |! | You can entrust the exercise of parental authority to the |! | parent who lacked it, or submit the same in one single |! | parents, if practicing it jointly.
Rendered resolution, subinscribirá inside of the |! | same period referred to in subsection first.
In the absence of the father or mother who has homeland |! | powers, rights and duties will correspond to each other |! | of the parents.
Article 245. If the parents live apart, the |! | parental authority shall be exercised by those who have to their |! | charge the personal care of the child, in accordance to the |! | Article 225.
However, by agreement of the parents, or |! | founded in the interest of the child, court ruling |! | parental authority can be attributed to the other parent. Is |! | It shall apply to the agreement or the Court ruling, the |! | sub-enroll rules provided for in article |! | precedent.
Article 246. While a relative sub-enroll |! | the exercise of parental authority is not cancelled by |! | another later, any new agreement or resolution shall be |! | unenforceable to any third party.
Article 247. Shall be without prejudice to the rules laid down in |! | Articles 244 and 245 the regime of goods that could |! | exist between the parents.
Article 248. Will be appointed guardian and/or conservator son |! | whenever the fatherhood and motherhood have been |! | determined judicially against the opposition of the father |! | and the mother. The same will happen with respect to the child whose |! | parents are not entitled to exercise parental authority or |! | whose filiation is not determined legally or |! | respect of the father nor with respect to the mother.
Article 249. The legal definition of the |! | paternity or maternity puts an end to the guard that was |! | found the minor child and gives to the father or the mother, |! | Accordingly, custody of assets.

2. of the legal right of enjoyment on the property of |! | the children and their management.

Article 250. Parental authority confers the |! | legal right to enjoy all the property of the child, |! | except the following: 1 the goods acquired by the son in the |! | exercise of all employment, trade, profession or industry. |!| Goods that fall in this issue formed his own money |! | Professional or industrial;
2nd goods acquired by the title son of |! | donation, inheritance or legacy, when the donor or |! | testator has stated that it does not have the enjoyment or the |! | Directors who exercise parental authority; has |! | imposed the condition for the emancipation, or has |! | expressly arranged to have the enjoyment of these goods |! | the son, and 3rd inheritances or legacies that have passed to the |! | child disability, unworthiness or disinheritance of the |! | parent who has parental authority.
In these cases, the enjoyment will correspond to the child or to the |! | Another father, in accordance with articles 251 and 253.
The enjoyment on the mines of the child shall be limited to the |! | half of the products and the father who exercises homeland |! | Authority will respond to the son of the other half.
Article 251. The son be regarded as adult |! | for the Administration and enjoyment of his/her professional expense |! | or industrial, without prejudice in the |! | Article 254.
Article 252. The legal right of enjoyment is a |! | very personal right which consists of the Faculty of |! | use the property of the child and receive their yields, with |! | keep the form and substance of such assets is charged |! | and restore them, if they are not fungible; or charge of |! | return the same quantity and quality of the same gender, or |! | pay your value, if they are expendable.
The father or mother is not liable, because of its |! | legal right to enjoyment, to give bail or bond of |! | conservation or restoration, nor to do |! | solemn inventory, without prejudice in the |! | Article 124. But if it does not solemn inventory, |! | take a lengthy description of the collateral |! | Since coming to enjoy them.
When this right corresponds to the married mother |! | community property, this will be considered separate |! | part of goods with regard to their exercise and thing |! | to get on it. This separation will be governed by the |! | rules of article 150.
If the parental authority is exercised jointly by |! | both parents and not another distribution, it has been agreed the |! | legal right of enjoyment will be divided among them by |! | equal parts.
The legal right of enjoyment receives also the |! | designation of legal usufruct of the father or mother on |! | the property of the child. As soon as appropriate to its nature, |! | is additionally governed by the rules of title IX |! | Book II.
Article 253. He exercised the legal right of |! | enjoyment on the assets of the child will have his administration, |! | and that is deprived of this will also be |! | deprived of that.
If the father or mother who has parental |! | Unable to exercise on one or more goods son the |! | legal right of enjoyment, it moves to the other; and Yes both |! | they were disabled, full ownership will belong to the |! | son and you will be given a conservator for the administration.
Article 254. May not dispose of or encumber in |! | case any real roots of the son, even |! | belonging to his own professional or industrial, money or |! | their inheritance rights, without the authorization of the judge with |! | knowledge of the facts.
Article 255. Will be no donation |! | part of the assets of the child, or give them in lease by |! | long time, nor accept or repudiate an inheritance |! | deferred to the son, but in the form and with the |! | limitations imposed on guardians and curators.
Article 256. The father or mother is responsible, in |! | the administration of the property of the child, even of the |! | slight fault.
The responsibility for the child extends to |! | the property and the fruits, on those goods of the son |! | that is the Administration, but not the enjoyment, and is |! | limited to the property when it exerts both faculties |! | on the property.
Article 257. There will be right to deprive the father or |! | mother, or both, the stewardship of the |! | son, when you have been guilty of fraud or serious |! | habitual neglect, and is thus established by judgment |! | judiciary, which must subinscribirse on the sidelines of the |! | registration of birth of the child.
You will also lose the administration whenever it |! | suspend the parental authority, in accordance with the |! | Article 267.
Article 258. Private one of the fathers of the |! | asset management, will have another; Yes |! | None of them had it, the full property |! | It will belong to the child, and given a conservator for the |! | Administration.
Article 259. At the end of parental authority, the |! | parents put their children on knowledge of the |! | Administration had on their property.

3. of the legal representation of children.

Article 260. Acts and contracts of the son not |! | authorized by the father or mother who has under his |! | parental authority, or by the adjunct curator, in his case, |! | will force you exclusively in his/her professional expense or |! | industrial.
But will not take money to interest, or buy to the |! | relied upon (except in the regular rotation of this expense) |! | without written permission of the above-mentioned persons. Y |!| If I make it, will not be liable for these contracts, |! | not until the concurrence of the benefit that has been reported |! | of them.
Article 261. If the parent society |! | conjugal, acts and contracts that the son held |! | outside of his/her professional or industrial expense and that the |! | father or mother who exercises parental authority authorizes or |! | ratify in writing, or which they carry out in |! | representation of the child, oblige the father directly or |! | mother in accordance with the provisions of this regime |! | of goods and, subsidiarily, the son, even |! | concurrence of the benefit this has been reported of |! | such acts or contracts.
If there is no community property, such acts and |! | contracts only bind, in the designated form on the |! | previous paragraph, the father or mother who has spoken. |!| The above does not preclude that it can repeat against another |! | father, in the part in which law has due provide |! | to the needs of the child.
Article 262. The lower adult does not need of the |! | authorization of their parents to dispose of their property |! | by probate Act that shall have effect after |! | his death, to recognize children.
Article 263. Whenever the son have to litigate |! | as an actor against the father or mother who exercises the |! | parental authority, you will need to obtain the permission of the |! | judge and this, to grant it, will give you a healer for the |! | litis.
The father or mother having parental authority, |! | litigated with the child, either as a plaintiff or as a |! | sued, will provide you with expense for the trial, |! | Incidentally, it will regulate the Court, taking in |! | consideration the amount and importance of the debated and |! | the economic capacity of the parties.
Article 264. The son is not to appear at trial, |! | as an actor, against a third party, but authorized or |! | represented by the father or mother who exercises the |! | parental authority, or both, if exercised her way |! | joint.
If the father, mother or both deny their |! | consent the son for civil action you want |! | try against a third party, or if you are disabled |! | to provide it, will the judge supplementing it, and doing so |! | It will give the child a conservator for the dispute.
Article 265. In civil actions against the |! | son should be the actor addressed to the father or mother who |! | have parental authority, so authorize or represent |! | the son in the dispute. If both exercise together the |! | parental authority, simply contact against one |! | of them.
If the father or mother may not or do not like |! | provide your authorization or representation, you can judge |! | supplementing it, and give the child a conservator for the dispute.
Article 266. The intervention will not be necessary |! | paternal or maternal to proceed criminally against the |! | son; but the parent who has parental |! | you will be required to provide the aid you need |! | for his defense.

4. from the suspension of parental authority.

Article 267. Parental authority is suspended by the |! | dementia of the father or mother that exerts it, its retail |! | age, because they are challenged to manage their own |! | goods, and by his long absence or disability |! | physicist, of which serious prejudice is followed in the |! | interests of the child, the father or mother away or |! | prevented does not provide.
In these cases parental authority shall exercise it the |! | Another father, regarding who will be suspended by the |! | same grounds. If it is suspended with respect to both the |! | child subject to guard.
Article 268. The suspension of parental |! | must be ordered by the judge with knowledge of |! | cause, and after heard about it relatives of the |! | child and Juvenile Defender; except of the |! | age of the father or the mother, case in which the |! | suspension will be full.
In the interest of the child, the judge may order that the |! | father or mother regain custody when any |! | stopped the cause that gave rise to the suspension.
The resolution that decrees or leave without effect the |! | suspension must be subinscribirse on the sidelines of the |! | registration of birth of the child.

5. from emancipation.
Article 269. Emancipation is a fact that puts |! | end the parental authority of the father, mother, or |! | both, as the case may be. It may be legal or judicial.
Article 270. The legal emancipation occurs: 1 for the death of the father or mother, unless |! | appropriate exercise parental authority to the other;
2nd by Decree giving the provisional possession, or |! | the final possession in its case, of the goods of the |! | father or mother disappeared, except that it corresponds to the |! | another exercise parental authority;
3rd by the marriage of the son, and 4th for the child the age of eighteen |! | years.
Article 271. Judicial emancipation occurs |! | by Decree of the judge: 1 when the father or mother mistreats |! | usually to the child, unless appropriate exercise the |! | parental authority to the other;
2nd when the father or mother has abandoned to the |! | son, except in case of exception of the preceding number;
When 3rd by enforceable sentence the father or the |! | mother has been convicted of a crime that deserves punishment |! | disturbing, although justifiably pardon on punishment, unless |! | that, given the nature of the offence, the judge deems |! | that there is no risk to the interest of the child, or |! | assume the other parent parental, and 4th in the event of physical or moral inability to father |! | or mother, if not applicable to the other exercise homeland |! | authority.
The Court ruling that Decree emancipation |! | You must subinscribirse to the margin of the registration of |! | birth of the child.
Article 272. All emancipation, once, |! | is irrevocable. Is excepted from this rule the emancipation by |! | death suspected or Court of law founded on the |! | moral inability to father or mother, which may be |! | left void by the judge, at the request of the |! | respective parent, when he credited |! | clearly established its existence or that it has ceased the |! | disability, as the case may be, and also stating that the |! | recovery of parental authority agrees to the |! | interests of the child. The Court ruling giving rise |! | revocation will only produce effects since it |! | subinscriba aside from the birth registration |! | of the son.
Revocation of the emancipation will proceed by a |! | one time.
Article 273. The younger son who is emancipated |! | subject to guarda. ".
25 article 305, replace by the following: ' article 305. Civil status married or widower, |! | and of father, mother or child, will be facing |! | third and will be tested by respective headings of |! | marriage, death, and birth or baptism.
The marital status of father, mother or child is |! | He shall accredit or proven also by the corresponding |! | registration or under-registration of the Act of recognition |! | or of the judicial decision that determines the filiation.
Age and death can register or try |! | by the respective games of birth or baptism, and |! | death. ".
26 article 309, replace by the following: "article 309. The lack of the departure of |! | marriage may be supplemented by other documents |! | authentic, by statements of witnesses who have |! | witnessed the celebration of marriage and in default |! | of these tests, by the notorious possession of that State |! | civil. affiliation, in the absence of starting or under-registration, |! | may only be accredited or testing instruments |! | authentic by which it is determined |! | legally. In the absence of these, the status of father, mother |! | or son should try in the corresponding judgment of |! | filiation in the form and with the means envisaged in the |! | Title VIII. ".
27 repealed article 311.
28. replace, in article 312, the word |! | " civil ", the first time that it appears, by the words |! |" Double ".
29. in article 313, replaced the word |! | " civil "by"double".
30 article 315, replace by the following: ' article 315. The verdict pronounced in |! | pursuant to title VIII than |! | declares true or false paternity or maternity of the |! | son, not only it is with respect to persons who have |! | intervened in the trial, but all, |! | relatively to the effects that the paternity or |! | maternity carries. ".
31 replace the second paragraph of article 317, |! | by the following: "are also legitimate opponents the |! | heirs of the father or mother against deceased de |! | who the son can lead or continue the action and, |! | also, the heirs of the son who died when these |! | take charge of the action initiated by him or decide |! | engage in it. ".
32 article 318, replaced by the following: ' article 318. The ruling pronounced in favor or |! | against any of the heirs take advantage or |! | harms heirs that cited no |! | they appeared. ".
33 article 320, replaced by the following: ' article 320. Neither prescription nor any fault, |! | among any other people who been |! | pronounced, may object to who is presented as |! | real father or mother that goes by son of others, |! | or as a true son of the father or mother you |! | unknown.
The corresponding actions shall be exercised in |! | accordance with the rules laid down in title |! | VIII and, where appropriate, shall be notified to those who |! | they have been parties to the previous process of |! | determination of filiation. ".
34 replaced subparagraph first of article 321, |! | by the following: ' article 321. Food must be: 1 A spouse;
2nd descendants;
3rd to ascendants;
4th to the brothers, and 5 he made a substantial, if not donation |! | It has been rescinded or revoked. ".
35 article 323, replace by the following: ' article 323. Food must be enabled to the |! | fed to live modestly in a way |! | corresponding to their social position.
They include the obligation to provide to the |! | food under twenty-one years of basic education and |! | average, and that of any profession or trade. Food |! | that are granted according to article 332 to the offspring or |! | Twenty-one-year-old brother shall also include the |! | obligation to provide the teaching of any |! | profession or occupation. ".
36 article 324, replace by the following: ' article 324. In the case of atrocious insult will cease the |! | obligation to provide food. But if the conduct of the |! | food may be attenuated by serious circumstances in |! | the conduct of the recipient, will judge moderate the |! | rigor of this provision.
Only constitute atrocious insult behaviors |! | described in article 968.
They will be deprived of the right to request food to the |! | son the father or mother who has abandoned him in his |! | childhood, when the affiliation has been |! | established by means of sentence Court against its |! | opposition. ".
37 article 326, replace by the following: ' article 326. He having to order food |! | several titles listed in article 321, |! | You can only make use of one of them, in the following |! | order: 1 that should have according to the number 5.
2. that should have according to the number 1.
3rd that should have according to the number 2.
4th which is according to the number 3.
5 of the 4th number will not take place but to lack |! | of all the others.
Among several ascendants or descendants should |! | be made to the next level. Between a same |! | grade, as also among several bound by a same |! | title, the judge will distribute the obligation in proportion |! | their faculties. Having several food regarding |! | of a same debtor, the Court will distribute food in |! | proportion to the needs of those.
Only in the case of failure of all the |! | forced by the preferred title, may be made to |! | another. ".
38 article 330, replace by the following: ' article 330. Food should not be but in |! | the part in which the means of subsistence of the |! | food will not reach to survive in a way |! | corresponding to its status. ".
Replace the second paragraph of article 332, 39 |! | by the following: "However, provided food to the |! | descendants and siblings are shall accrue until |! | meet twenty-one years, unless they are studying a |! | profession or office, case in which cease to the |! | Twenty-eight years; affecting them a physical disability or |! | mental preventing them subsist by themselves, or, |! | by qualified circumstances, the judge deemed them |! | indispensable to their subsistence. ".
40. in the first subparagraph of article 348, |! | delete the phrase "by Decree of a judge" and replaced |! | the "262" figure by "267".
41 replaced in article 354, word |! | " legitimate "for the expression"o mother".
42. Article 357: a. Insert the expression "o mother" among the |! | words "father" and "that", and replace the figure |! | " 267 "by"271".
b. Add the following subparagraph: "these rights also lack the father or |! | mother when the filiation has been determined |! | legal action against your opposition. ".
43 article 358, replaced by the following: ' article 358. If both the father and the mother have |! | appointed guardian by will, will assist at first |! | place the appointment made by one parent |! | exerting the parental authority of the son. ".
44 replaced the article 359, with the following:
"Article 359. Where it is not possible to apply the |! | rule of the preceding article, shall apply to the |! | guardians appointed by the will of the father and of |! | the mother, the rules of articles 361 and 363. ".
45 article 360, replace by the following: ' article 360. Notwithstanding the provisions in the |! | Article 357, the father, the mother and any other |! | person, may appoint a curator, by Testament or by |! | Act inter vivos, when they donate or stop the ward any |! | part of their possessions, that does not originate from title of |! | legitimate.
This curatorship shall be limited to goods which are |! | they donate or leave the ward. ".
46 repealed the final subparagraph of article 367.
47 Article 368, replace by the following: ' article 368. It is called legitimate guardian of the |! | child not conceived or born during the marriage the |! | father or mother that first recognised him, and if both |! | They have recognized you at the same time, the father.
This appeal will put an end to the guard that was |! | found the son who is recognized, except in the case of |! | inability or legitimate excuse that, according to subsection |! | earlier, he is called to exercise it.
If affiliation has not been determined or the |! | filiation has been legally established against the |! | opposition of the father or mother, the guardian of the child will be |! | dativa. ".
48 disposed of in number 1 of article 375, the |! | "legitimate" Word.
49 Eliminanse in the article 404, the words |! | " legitimate or natural ".
50 amending article 412, the next |! | form: a. replace your first paragraph by the following: ' article 412. Generally, any act or |! | contract that directly or indirectly has an interest |! | the tutor or curator, or your spouse, or any of its |! | ascendants or descendants, or their brothers or |! | their blood or related up to the fourth degree |! | inclusive, or any of its trade partners, you can |! | run or held but with authorization of the |! | other tutors or curators General, that are not |! | involved in the same way, or by the judge in |! | subsidy. ".
b. Eliminanse in its second paragraph, the words |! | " legitimate or natural ".
51 replace paragraph first item |! | 428 the expression "titles IX and XIII" by "the |! | Title IX ".
52 disposed of in the second paragraph of the article |! | 430, the phrase "legitimate, or natural parents".
53 disposed of in Article 434, word |! | " congrua ".
54 article 439, replace by the following: ' article 439. The child that is under curatorship |! | you will have the same administrative powers as the son |! | subject to parental authority, with respect to the goods |! | acquired in the course of employment, profession, |! | profession or industry.
Provisions of article 260 applies to minor |! | and the curator. ".
55 replaced subparagraph first of article 443, |! | by the following: ' article 443. The judgment of interdiction may be |! | caused by the spouse not divorced from the so-called |! | sink, by any of his relatives up to in |! | the fourth grade, and the Ombudsman. ".
56 modified article 448, the shaped |! | Next: a. replace your first paragraph by the following: ' article 448. The curator is deferirá: 1 to parents, but the father or mother whose |! | paternity or maternity has been determined |! | legal action against his opposition or is married with |! | a third party may not exercise this position;
2 brothers, and 3 other side even in the fourth |! | degree. ".
b. replacements in its sub-paragraph second ordinals |! | " 2nd and 3rd "by the word"former".
57 be amended article 449, the next |! | form: a. replace your first paragraph by the following: ' article 449. The curator of the heatsink husband |! | It will administer the conjugal partnership in how much this |! | persists and shall exercise full custody of the |! | children in the event that the mother, for whatever reason, not |! | exercised parental authority. ".
b. Add in its second paragraph, the following |! | final sentence before the separate dot (.) "when this |! | not corresponded you to the father ".
58 added the following paragraph to article 450 |! | Second: "the woman married in community property whose husband |! | sink is subject to curatorship, if higher de |! | eighteen years or after the ban the |! | you comply, shall have the right to request separation from |! | goods. ".
59 section 451, replace by the following: ' article 451. The father or mother who exercises the |! | curated by the heatsink son may appoint by |! | testament to the person who, to his death, has de |! | happen on the guard. ".
60 replaced subparagraph first of article 462, |! | by the following: ' article 462. The curator is deferirá of the |! | insane: 1 your not divorced spouse, without prejudice of thing |! | provisions of article 503;
2nd to their descendants;
3rd to their ancestors, but the father or mother whose |! | paternity or maternity has been determined |! | legal action against his opposition or is married with |! | a third party may not exercise the charge;
4th to his brothers, and 5 other collateral into the fourth |! | degree. ".
61 disposed of in subsection first item |! | 463, the phrase ", and shall exercise full guardian |! | of their children ".
62 replaced by subsection first item |! | 486, the expression "If while he is in the womb |! | mother "by"If before its birth".
63. in Article 497: a. its 9th issue, be replaced by the following: "9th those convicted of crime that worth |! | disturbing, although it has pardoned them; ".
b. deleted his number 10, the phrase "in |! | accordance with the provisions of the articles 223 and 224 ".
c. replaced in number 11, the figure "267" |! | by "271".
Disposed of 64 in the second paragraph of the article |! | 500, the expression ", legitimate or natural,".
65 disposed of, in numbers 8 th and 9 th item |! | 514, the word "legitimate".
66 Eliminanse in article 515, expressions |! | " legitimate or natural, "and"legitimate or natural".
67 disposed of in section 516, the expression |! | " legitimate or natural ".
68 removed, in article 518, the final sentence |! | " legitimate, nor a father or son ".
69 disposed of in number 1 of article 766, the |! | phrase ", as the one of the parent, over certain |! | property of the child ".
70 delete, in the third paragraph of the article |! | 815, the expression "natural and legitimate".
71. in article 959, replace the semicolon |! | the 4th number by a separate point, and removed the number |! | 5th.
Disposed of 72 in the 2nd article 968 number the |! | "legitimate" Word.
73 replaced subparagraph first of article 983, |! | by the following: ' article 983. They are called to the succession |! | the descendants of the deceased, intestate your |! | ascendants, the surviving spouse, their collateral, |! | the adopted, where appropriate, and the Treasury. ".
74 article 986, replace by the following: ' article 986. There is always a place to the |! | representation in the offspring of the deceased and the |! | offspring of siblings.
Out of these lineages, there is no place to the |! | representation. ".
75 article 988, replace by the following: ' article 988. Children excluded all the |! | other heirs, unless also any spouse |! | survivor, case in which this concur with |! | those.
The surviving spouse will receive a portion that, |! | as a general rule, shall be equal to double of what |! | by rigorous or effective legitimate corresponds to each |! | son. If only a son, the share of the spouse will be |! | as in the rigorous or effective legitimate of that child.
But in any case the portion corresponding to the |! | spouse will descend from the fourth part of the inheritance, or |! | the fourth part of the legitimaria half in his case.
Corresponding to the surviving spouse the fourth |! | part of the inheritance or legitimaria half, the remainder |! | It is divided among the children equally.
The aforementioned quarter shall be calculated having in |! | He has the provisions of article 996. ".
76 article 989, replace by the following: ' article 989. If the deceased has not left |! | posterity, will happen it to the surviving spouse and their |! | nearest degree ascendants.
In this case, the estate will be divided into three |! | parts, two for the spouse and one for parents. |!| In the absence of these, the spouse, will take all the goods |! | and, in the absence of spouse, ascendants.
Having a single parent in the degree more |! | Next, will happen this all real or all the |! | hereditary portion of ascendants. ".
77 article 990, replace by the following: ' article 990. If the deceased has not failed |! | descendants, ascendants or spouse, will succeed you |! | his brothers.
Among the brethren that this article speaks is |! | you will understand even those who only are it for part of |! | father or mother; but the portion of the paternal brother or |! | mother will be half of the portion of the brother |! | carnal. ".
78 repealed article 991.
79 article 992, replace by the following: ' article 992. In the absence of descendants, |! | ancestors, spouse, and brothers, will succeed to the deceased |! | the side nearest degree, others to be of |! | single or double conjunction, up to the sixth grade |! | inclusive.
The side of simple conjunction, i.e. the |! | which are only relatives of the deceased father or |! | by mother, are entitled to half of the |! | portion of the side of double conjunction, i.e., |! | that they are relatives of the deceased from |! | father and mother.
The collateral or the collateral more grade |! | next will always exclude others. ".
80 repealed article 993.
81 article 994, replace by the following: ' article 994. The divorced spouse temporary or |! | perpetually will not have any part in inheritance |! | intestacy of his wife or husband, if any given reason |! | to divorce her fault.
Neither will happen intestate parents of the |! | cause if the paternity or maternity has been |! | judicially determined opposition, unless |! | without the restoration to which the article refers |! | 203. ".
Added to the 996 article 82 the following subsection, |! | New: "in any case the rule of the first subsection is |! | apply once aware, those who have |! | right to them, the legitimate and improvements of the |! | heritage. ".
83 article 998 Eliminanse the words "de |! | marital portion "contained in the first paragraph, and |! | the coma that precedes them.
84 disposed of in subsection first item |! | 1016 the expression "or justified".
85 disposed of in Article 1107 word |! | " legitimate ".
86 Eliminanse in the article 1162 words |! | " legitimate "and"legitimate".
87 amending article 1167, in the form |! | Next: a. delete the number 2nd, passing the current number |! | 3 ° to be number 2.
b. replace the 4th number, which happens to be 3rd, by |! | the following: ' 3. The fourth of improvements in the succession of the |! | descendants, ascendants and spouse. ".
88 repealed paragraph 2. Serving spousal |! | Title V of Book III, and articles 1172 to 1178 |! | and 1180 that compose it.
89 article 1182, replace by the following: ' article 1182. They are legitimarios: 1 children, personally or represented by its |! | offspring;
2nd ascendants, and 3rd surviving spouse.
Ascendants of the deceased will not be legitimarios |! | If parenthood or motherhood which constitutes or the |! | which derived their kinship, it has been determined |! | legal action against the opposition of the respective parent or |! | mother, except in the case of the final paragraph of article 203. |!| It will not be the spouse who has given by your fault |! | occasion to perpetual or temporary divorce. ".
90 replacements the second and third subparagraphs of the |! | Article 1184, by the following: "not having descendants entitled to happen, |! | surviving spouse or ascendants, half |! | remaining is the portion of the property of which the deceased has |! | available at your discretion.
Having such descendants, spouse or |! | ascendants, the mass of goods, the concerned previous |! | deductions and aggregations, will be divided into four |! | Parties: two of them, or half of the acquis, for |! | the rigorous legitimate; Another fourth, for improvements |! | with that the deceased has wanted to encourage your spouse or |! | to one or more of their descendants or ascendants, or |! | not legitimarios, and another fourth, that has been able to |! | you have at their discretion. ".
91 replaced the item first item |! | 1185, by the following: ' article 1185-to compute the fourth that |! | talks about the previous article, will accumulate |! | imaginarily to the fluid acquis donations |! | revocable and irrevocable, made because of legitimate |! | or improvements, according to the State that found |! | the things donated at the time of delivery, but caring |! | cautiously update its value at the time of the |! | opening of the succession. ".
92 replaced item 1190, which follows: "item 1190. If a legitimario does not carry the whole |! | or part of its legitimate disability, unworthiness or |! | exheredacion, or because it has repudiated it, and has no |! | offspring with the right to represent him, said all or |! | part will be added to the legitimaria half and contribute to |! | form the rigorous legitimate others. ".
93 Introducense in the article 1193 the following |! | (modificaciones: a) deleted the phrase "and the spouse |! | survivor ".
(b) add the following second paragraph: "if what has been assigned to the surviving spouse |! | is not sufficient to complete the minimum portion which |! | It is in response to the article |! | 988, the difference must be paid also with charge to the |! | fourth in improvements. ".
94 Reemplazanse in the article 1194 expression |! | " the excess "by"excess or the difference", and the |! | expression "this excess" by "this excess or |! | difference ".
95 article 1195, replace by the following: ' article 1195. The fourth of improvements can |! | to the donor or testator distribution you want |! | among his descendants, spouse and ascendants; |! | You can then assign to one or more of them all the happiness |! | fourth to the exclusion of others.
The levies imposed on holders of the |! | fourth improvement will always be in favour of the spouse, or |! | of one or more of the descendants or ascendants of the |! | testator. ".
96 removed in the article 1199 the phrase ", but |! | Yes to the surviving spouse in the case of the article |! | 1178, second paragraph ".
Replace the third paragraph of article 97 |! | 1200, by the following: "If the grantee has come to miss any |! | in these ways, attributable donations to its rightful |! | shall be charged for their descendants. ".
98 replacements first and second subparagraphs of the |! | section 1201, by the following: ' article 1201. The revoked donation will be resolved |! | or irrevocable that it is made by way of improving a |! | person believed to be descendant or ascendant of the |! | donor and not was it.
The same will happen if the grantee, descendant or |! | ascendancy of the donor, has come to miss by |! | disability, unworthiness, disinheritance or repudiation. ".
99 replace paragraph first item |! | 1203 the phrase "legitimate or natural child or descendant |! | legitimate any of them "by the word |! |" descendant ".
100 replaced the item first item |! | 1204 by as follows: "article 1204. If the deceased has promised |! | by deed inter vivos to their spouse or a |! | some of their descendants or ascendants, which the |! | seasoning was legitimario, not donate, nor assign by |! | will any part of the fourth of improvements, and |! | then contravenes his promise, the favoured with |! | This shall be entitled to the assigns of that fourth |! | know you what would have earned him the fulfillment of the |! | promise, in proportion to what her breach them |! | take advantage of it. ".
101 Introducense in the article 1208 the |! | following modifications: a. disposed of in its causal 1st, word |! | " legitimate ".
b. Reemplazanse in its causal 5th expressions |! | " By committing a crime who have applied |! | any penalties that are designated in the 7th issue of the |! | Article 267 "by the words" for having committed a |! | crime that disturbing worth ".
c. replace the final paragraph by the following: "parents and spouse may be |! | disinherited by any of the first three |! | causes. ".
102 eliminated, in the second paragraph of the article |! | 1210, the word "necessary".
103 replaced the phrase in article 1220 |! | " legitimate descendants or natural or legitimate children |! | of those or these "by words |! |" descendants, ascendants or spouse ".
104 repealed article 1221.
105 the following final paragraph added to article |! | 1225: "the husband will require the consent of the woman |! | married under the regime of community property to OK |! | or repudiate an allocation deferred to her. This |! | authorization is subject to the provisions of the two |! | last subparagraphs of Article 1749. ".
106 disposed of in subsection first item |! | 1255 expressions "surviving spouse",.
107 Add, in the article 1318, the next |! | subsection: "in particular, the partition shall be deemed |! | contrary to right alien if it has not respected the right |! | that article 1337, ruler 10th, grants to the spouse |! | survivor. ".
108 added in the article 1337 this |! | rule new 10th, becoming the current 10th 11th: "10th with everything, the surviving spouse will have |! | right to their hereditary share knowing with |! | preference by the award on his behalf from the |! | ownership of the property that resides and who is or has been |! | been the main home of the family, as well as of the |! | furniture that bears it, whenever they form |! | part of the patrimony of the deceased.
If the total value of such property exceeds the quota |! | inherited from spouse, it may request on the |! | things that are not awarded him ownership, be |! | constitute rights of room and use, in your favor |! | Depending on the nature of things, on a basis of |! | free and lifetime.
The right room shall not be opposable to |! | third parties in good faith while not register the |! | resolution that is on the register of the |! | Conservative real estate. In all matters not provided for, the |! | the room and use shall be governed by the provisions in the |! | Title X of book II.
The right to preferential allotment that |! | speaks this rule may not be transferred or |! | transmitted. ".
109 removed, in the second paragraph of the article |! | 1411, the word "legitimate".
110 disposed of in the article 1424, word |! | " legitimate ".
111 disposed of in the article 1431, word |! | " legitimate ".
112 replaced in the article 1437, the phrase "and |! | the children of family "by" and subject children to |! | parental authority ".
113 replaced in the article 1579, the phrase |! | " parents or mothers for their children, in |! | equal terms "by the phrase" the fathers or mothers |! | who exercise parental authority by their children ".
114 replaced in the 1796 article, words |! | " family "by the phrase" subject to patria |! | power ".
115 Eliminanse in 1969, the words article |! | " family ".
116. in article 2045, eliminanse: number |! | 1, the word "legitimate"; in number 2, word |! | " legitimate "both times appearing; in number 3, |! | the word "legitimate" both times appearing; and in |! | number 4, the word "legitimate".
117 article 2049, replaced by the |! | Next: "article 2049. Concurring children conceived or |! | born in marriage with children born before of the |! | marriage of their parents, will be the age of these |! | latest from the day of the marriage. Going between |! | Yes children born before marriage, will be the |! | age of each one of them since the day of its |! | birth. ".
118 repealed article 2050.
119 replaced the final subparagraph of article 2466 |! | by the following: "However, the usufruct shall not attachable of the |! | husband over assets of the woman, nor the father or |! | mother on goods subject to homeland son |! | authority, nor the real rights of use or |! | room. ".
120 Reemplazanse in the 4th item number |! | 2481, the word "family" by the phrase "subjects |! | to parental authority ".
121 amended article 2483, the next |! | form: a. replace in its first paragraph, the sentence |! | " children of family "by"children under parental authority"|! | and b. in its second paragraph, the words Reemplazanse |! | " family "by the phrase"under parental authority".
122 replaced in the article 2485, the phrase |! | " the father or mother "by" the father or mother |! | who exercise parental authority ".