(1) A right of superficies is established under a juridical act or a legal provision, and is enforceable against third parties from the time of its entry into the registry of immovable property. (2) A right of superficies is established for 99 years unless a…
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Article 2177. When inheritance on intestacy applies
(1) Inheritance devolves under the rules of this Book (inheritance on intestacy) to the extent there is no valid will. (2) If a will relates to a part of the estate only, the remainder devolves under the rules of intestacy.
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Article 2176. Exclusion from inheritance
(1) For the purposes of this Book, a person entitled to inherit is excluded from inheritance if: a) it dies before the devolution of the inheritance; b) it is unworthy to inherit; c) it is disinherited by disposition mortis causa; d) renounces the inheritance. (2)…
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Article 2175. Unworthiness to receive a legacy
If a legatee is guilty of one of the acts set out in Article 2169, its claim arising under the legacy is voidable. The provisions of Articles 2171, 2173, and 2210-2214 apply mutatis mutandis. Origin of the regulation: §2345 BGB
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Article 2174. Effect of a declaration of unworthiness to inherit
(1) If an heir is declared unworthy to inherit, the inheritance is deemed not to have devolved upon him. The legal provisions on the possession of the estate apply to the unworthy heir. (2) The inheritance devolves upon the person who would be entitled to…
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Article 2173. Forgiveness
An heir is not unworthy to inherit if the testator, knowing the ground for unworthiness, has made a will or did not amend a will, although it could have done it. Origin of the regulation: §2343 BGB
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Article 2172. Action for avoidance
(1) By an action of avoidance a declaration is sought that an heir is unworthy to inherit. (2) The avoidance enters into effect when the judgment is final. Origin of the regulation: §2342 BGB
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Article 2171. Persons entitled to avoid
Any person is entitled to avoid if he benefits from the cessation of entitlement of a person unworthy to inherit, even if this is only on the cessation of another person. Origin of the regulation: §2341 BGB
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Article 2170. Enforcement of the unworthiness to inherit by avoidance
(1) Unworthiness to inherit is enforced by avoidance of the acquisition of the inheritance. (2) Avoidance is admissible only after the devolution of the inheritance. Avoidance may be effected as against a subsequent heir as soon as the inheritance has devolved upon the prior heir.…
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Article 2169. Grounds for unworthiness to inherit
(1) A person is excluded from inheritance in the following cases: a) if it has killed or attempted to kill the deceased; b) if it has intentionally and unlawfully prevented the deceased from making or revoking a disposition mortis causa; c) if it has, by…