Civil Code, Article 899 — Spouse, Ascendants and Illegitimate Children

What this article means

Where the surviving spouse concurs with legitimate parents or ascendants and with illegitimate children, the spouse takes one-eighth and the illegitimate children one-fourth, both from the free portion; the testator may freely dispose of the remaining one-eighth.

How this article reads today. The share stated above was worked out on the classification of children used when this Code took effect in 1950. Article 176 of the Family Code now provides that the legitime of each illegitimate child is one-half of the legitime of a legitimate child, and that “except for this modification, all other provisions in the Civil Code governing successional rights shall remain in force.” Read this article subject to that rule. The Family Code also recognises a single class of illegitimate child, so the Civil Code’s older sub-classifications no longer apply.

Questions about this provision

• A man dies leaving his parents, his wife and an illegitimate child — what fraction goes to each?

Related provisions

• Article 898 — Spouse With Other Illegitimate Children.
• Article 901 — Illegitimate Children Alone.

Cases interpreting this article

• Authorities on this article will be added here as each is verified against primary sources.