Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

76 THE FAMILY
103 When the regime is dissolved by death, the heirs of the
deceased consort may accept or renounce the partition of the
surviving spouse's acquests and Articles 97 to 102 apply to
them.
If one of the heirs accepts partition and the others
renounce it, the heir who accepts may take only the portion of
the acquests which he would have had if all had accepted.
104 When a consort dies while still entitled to renounce
partition, his heirs have a further period of one year from the
date of the death in which to register their renunciation.
105 When a consort's acquests are accepted, the property of
his patrimony must first be divided into two masses, one
comprising the private property and the other the acquests.
106 A statement is then prepared of the compensation owed
by the mass of private property to the mass of the consort's
acquests and vice versa.
107 The compensation is equal to the enrichment enjoyed by
one mass to the detriment of the other or to the amount of the
actual expense if it exceeds the enrichment.
108 The enrichment is assessed on the day the regime
dissolves.
However, when the property acquired or improved was
alienated during the regime, the enrichment is valued as of the
day of the alienation.
109 No compensation is due by reason of expenses incurred
solely for the maintenance or preservation of the property.
110 Unpaid debts incurred for the benefit of the private
property give rise to compensation for the resulting enrichment,
as if they had already been paid out of the acquests.