During the period provided for in article L. 123-1, the surviving spouse, against whom there is no final judgment of legal separation, benefits, regardless of the matrimonial regime and independently of the rights he/she derives from the articles 756 to 757-3 and 764 to 766 of the Civil Code on the other assets of the estate, of the usufruct of the right of exploitation which the author has not disposed of. However, if the author leaves heirs with reserve, this usufruct is reduced in favour of the heirs, according to the proportions and distinctions established by article 913 of the Civil Code.
This right is extinguished if the spouse contracts a new marriage.