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

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138 SUCCESSION<br />

Section IV<br />

Irregular succession<br />

56 If there are no spouse and no relations within the degree<br />

qualified to inherit, the Crown in right of the province inherits<br />

the succession.<br />

The Crown is only liable for debts not exceeding the<br />

assets of the succession.<br />

57 The Crown obtains possession in the manner prescribed<br />

in the <strong>Code</strong> of <strong>Civil</strong> Procedure.<br />

58 When the prescribed rules and formalities have not been<br />

complied with, the regular heirs, if any appear, may claim the<br />

property, or damages.<br />

CHAPTER II<br />

THE SPOUSES RESERVED SHARE<br />

Section I<br />

Attribution of the reserve<br />

59 A spouse by marriage is entitled to a reserve upon<br />

inheriting.<br />

The reserve, which constitutes a successoral right, is a<br />

share, as determined below, of the mass established in<br />

accordance with Articles 65 and 66.<br />

Any derogatory provision is without effect, unless<br />

contained in a marriage contract.<br />

60 When the deceased leaves no children, the reserve is<br />

one-half in ownership.

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