In the direct line, as many degrees are counted as there are generations between the persons: thus, the child is, with regard to the father and mother, in the first degree, the grandson or granddaughter in the second; and conversely the father and mother with regard to the child and the forefathers with regard to the grandson or granddaughter; and so on. In collateral lines, the degrees are counted by…
In each order, the nearest heir excludes the heir further back in degree. In equality of degree, the heirs succeed by equal portions and per head. All except what will be said below about division by branches and representation.
Collateral relatives falling within the order of heirs mentioned in 4° of article 734 do not succeed beyond the sixth degree.
Kinship is divided into two branches, depending on whether it proceeds from the father or the mother.
When the estate devolves to ascendants, it is divided equally between those of the paternal branch and those of the maternal branch.
In each branch succeeds, to the exclusion of all others, the ascendant who is in the nearest degree. Ascendants in the same degree succeed by head. In the absence of an ascendant in one branch, ascendants in the other branch receive the entire succession.
When the estate devolves to collaterals other than brothers and sisters or their descendants, it is divided equally between those of the paternal branch and those of the maternal branch.
In each branch succeeds, to the exclusion of all others, the collateral who is in the nearest degree. Collaterals in the same degree succeed by head. In the absence of a collateral in one branch, collaterals in the other branch receive the entire succession.
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.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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