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

SUCCESSION 129
TITLE ONE
PROVISIONS COMMON TO EVERY
SUCCESSION
CHAPTER I
GENERAL PROVISIONS
1 A succession devolves by death alone.
2 A succession devolves at the domicile of the deceased.
3 An heir is a person to whom an intestate or a testamentary
succession devolves.
A testamentary heir is also called a legatee; an heir to
an intestate succession is also called a legal heir.
4 In determining succession, the law considers neither the
origin nor the nature of property.
All the property constitutes a single inheritance which is
transmitted and divided according to the same rules or as
directed by the deceased.
CHAPTER II
QUALITIES REQUIRED TO INHERIT
5 Only persons who it is certain exist at the time the
succession devolves may inherit.
6 When several persons entitled to inherit from each other
die and it is not possible to determine which one survived the
other or others, they are deemed to have died simultaneously.
The succession of each devolves to those heirs who