Section 3 of the precept states: " Parents must provide assistance of all kinds to children born within or outside of marriage , during their minority and in other cases where legally appropriate. ."
Children born in wedlock and children born out of wedlock have the same rights taiwan business mailing list and the same legal protection. As we saw in the post “ filiation process ”, filiation is the set of rights that children have, such as the right to their parents’ surname, to receive alimony, to have parental authority exercised over them and their rights as forced heirs, among others.
It may happen that a person has had a child out of wedlock or has had a child out of wedlock (without the need for a marriage with another person) and has not acknowledged the child, nor does he or she include the child in the will. If this person dies, does this child have a right to the inheritance?
Inheritance rights of illegitimate children
Article 807 of the Civil Code establishes that the forced heirs are first of all " the children and descendants with respect to their parents and ancestors." ." The forced heirs are the children and descendants, without discrimination based on sex, age or filiation. There is no distinction between biological and adopted, or matrimonial or extra-marital. All have the same inheritance rights.
Children are forced heirs and have the right to a part of the inheritance, the legitimate portion ( article 806 of the Civil Code). ). The testator cannot deprive these heirs of their legitimate portion or disinherit them (except in certain cases established by law).
The preterition
Article 814 of the Civil Code regulates the preterition of a forced heir . This refers to the forgetfulness or omission by the testator of a forced heir.
There are two types of preterition:
Intentional : This is due to the intentional or deliberate purpose of the testator. He does not want one of the forced heirs to appear in the will.
Erroneous : the testator is unaware of the existence of any forced heir, or that forced heir did not exist at the time the will was made.
It is important that an omission be classified as intentional or erroneous, since the effects are different:
Intentional: the legitimate portion of the neglected (forgotten) forced heir will not be affected. The testamentary provisions will be reduced. The heirs will be subject to the legacies. If there are none, the improvement will be applied to them, and if not, the rest of the provisions will be applied to them.
Wrong: the appointment of heir is cancelled. It will be distributed again.
Yes, an unrecognized child can claim his or her rights from the heirs of the deceased biological parent.
First, you must start a filiation process , since it must be determined that the deceased was your parent. A final judgment is required to determine non-matrimonial filiation. Then you can claim part of your inheritance by alleging preterition of heirs, that is, stating that you have been omitted from the will and claim your portion of the inheritance.