Paragraph 4: Representation.

Representation is a legal fiction whose effect is to call to succession the representatives to the rights of the principal.

Representation takes place ad infinitum in the direct descending line. It is admitted in all cases, either where the children of the deceased compete with the descendants of a predeceased child, or where all the children of the deceased having died before him, the descendants of the said children are found among themselves in equal or unequal degrees.

Representation does not take place in favour of ascendants; the nearest, in each of the two lines, always excludes the most distant.

In the collateral line, representation is admitted in favour of the children and descendants of brothers or sisters of the deceased, either if they come to his succession concurrently with uncles or aunts, or if all the brothers and sisters of the deceased having predeceased, the succession devolves to their descendants in equal or unequal degrees.

In all cases where representation is admitted, partition is effected by stock, as if the represented person came to the succession; if applicable, it is effected by subdivision of stock. Within a stock or subdivision of a stock, partition is made by head.

We represent predeceased persons, we represent renouncers only in successions devolving in the direct or collateral line. Children of the renouncer conceived before the opening of the succession from which the renouncer has been excluded shall report to the renouncer’s succession the property they inherited in his place and stead, if they come in concurrence with other children conceived after the opening of the succession. The property is reported in…

Representation is admitted in favour of the children and descendants of the unworthy, even if the latter is alive when the succession is opened. The provisions set out in the second paragraph of article 754 are applicable to the children of the unworthy during his lifetime.