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

136 SUCCESSION
44 Descendants who are all of the same degree and in their
own right inherit in equal portions and by heads.
When all or some of them come by representation, they
inherit by roots.
45 If there are no spouse and surviving issue, half of the
succession devolves to the parents of the deceased or to his
surviving parent, and the other half devolves to his brothers
and sisters or to their descendants.
46 If there are no spouse, descendants and brothers and
sisters or their descendants, the entire succession devolves to
the parents of the deceased, or to the surviving parent.
47 Parents inheriting from their deceased children share
equally.
If only one of them inherits, he also receives the share
which would have devolved to the other.
48 When there are no spouse, issue or parents, the entire
succession devolves to the brothers and sisters of the deceased,
or to their descendants.
49 The share which devolves to the brothers and sisters is
divided among them equally, provided they are all born of the
same union.
If they are born of different unions, the portion is
divided in half between the paternal line and the maternal line
of the deceased: persons fully related by blood partake in both
lines and those half related by blood partake each in his own
line.
If the brothers and sisters or their descendants are in one
line only, they inherit the entire succession to the exclusion of
all relations in the other line.