Book III: Different ways of acquiring property

Any testamentary disposition shall lapse if the person in whose favour it is made has not survived the testator.

Any testamentary disposition made under a condition dependent on an uncertain event, and such that, in the intention of the testator, the disposition is to be executed only so far as the event will or will not happen, shall lapse, if the instituted heir or legatee dies before the fulfilment of the condition.

The condition which, in the intention of the testator, merely suspends the execution of the disposition, will not prevent the instituted heir, or the legatee, from having an acquired right transmissible to his heirs.

The legacy shall lapse if the thing bequeathed has totally perished during the testator’s life. The same shall apply if it has perished since his death, through no fault or act of the heir, although the heir was put in delay in delivering it, when it should also have perished in the hands of the legatee.

The testamentary provision will lapse when the instituted heir or legatee repudiates it or becomes incapable of receiving it.

There shall be an increase in favour of the legatees in the event that the legacy is made to several jointly. The legacy shall be deemed to be made jointly when it is made by one and the same disposition and the testator has not assigned the share of each of the co-legatees in the thing bequeathed.

It will still be deemed to have been made jointly when a thing which is not capable of being divided without deterioration has been given by the same act to several persons, even separately.

The same causes which, according to article 954 and the first two provisions of article 955, will authorise the application for revocation of inter vivos gifts, will be admitted for the application for revocation of testamentary dispositions.

If this claim is based on a serious insult to the memory of the testator, it must be brought within one year, starting from the day of the offence.