Book III: Different ways of acquiring property

In the case of a shared gift made jointly by two spouses, the non-common child may be allotted on the basis of its author in the latter’s own property or in common property, without the spouse, however, being able to be co-donor of the common property.

Property received by way of early partition by a presumptive reserved heir is deducted from his share of the reserve, unless it was expressly given out of share.

A reservataire heir, who has not contributed to the shared gift, or who has received a lot less than his share of the reserve, may exercise the action in reduction, if there is not at the opening of the succession property not included in the sharing and sufficient to make up or complete his reserve, taking into account any gifts from which he may have benefited.

Shared gifts follow the rules for gifts inter vivos in all matters relating to imputation, calculation of the reserve and reduction. The action for reduction may only be brought after the death of the disposant who made the sharing. In the case of a shared gift made jointly by the two spouses, the action for reduction may only be brought after the death of the surviving of the disposants, except…

Notwithstanding the rules applicable to inter vivos gifts, the property given will, unless otherwise agreed, be valued on the day of the shared gift for the purposes of imputation and calculation of the reserve, provided that all the heirs with reserve rights alive or represented at the death of the ascendant have received a lot in the anticipated sharing and have expressly accepted it, and that no provision has been…

The lot of certain beneficiaries may be made up, in whole or in part, of donations, either subject to return or made outside their share, already received by them from the disposing person, having regard, if applicable, to any uses and reinvestments they may have made in the meantime. The valuation date applicable to the early partition shall also apply to earlier donations thus incorporated into it. Any stipulation to…

The parties may also agree that a previous gift made outside the share will be incorporated into the partition and set off against the donee’s share of the reserve as an advance on the inheritance share.

The agreements referred to in the two preceding articles may take place even in the absence of new gifts by the disposant. They are not regarded as gifts between the presumptive heirs, but as a partition made by the disposant.