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

90 THE FAMILY
If the spouse dies after completing the inventory, the
heirs have a further period of forty days after his death to
deliberate.
Moreover, they may always renounce the community in
the forms established with respect to the spouse of the
administrator, and Articles 170 and 171 apply to them.
174 The creditors of the spouse of the administrator may
impugn any renunciation made to the detriment of their
rights, and may accept the community in their own right.
In this case, the renunciation is annulled only in favour
of these creditors and up to the amount of their claims. It is not
annulled in favour of the consort who has renounced.
175 Whether the spouse of the administrator accepts or
renounces, during the periods provided or granted for the
inventory or deliberation, he owes no rent for his occupation
of the house where he remains after the death of the administrator,
whether the house belongs to the community or the
heirs of the deceased or is held under lease; in the last case,
the spouse of the administrator does not contribute to the rent
during these periods; the rent is taken out of the mass.
176 When the community is dissolved because the spouse of
the administrator has died before him, his heirs may renounce
within the period and in the forms prescribed by law with
respect to the surviving consort, although they are not
required to make an inventory for that purpose.
V - Partition of the community
111 After acceptance of the community by the spouse of the
administrator or by his heirs, each consort or his heirs takes
back the private property which has not become part of the
community, if it exists in kind, or any property substituted for
it.