« ПретходнаНастави »
caused to the plaintiff by their being continued, and that he will place every thing in its former siluation, if he should be finally condemned to destroy his works.
ART. 864.-If, on the trial of the case, it be determined that the new works can cause injury or detriment to the person who complains of them, and who has made opposition to their erection, the judge shall order them to be destroyed at the expense of him who has caused them to be constructed, how far soever they may be advanced, even if they should be finished, under the anthority given and the security furnished according to the terms of the preceding article, unless the works can be so changed as to cause no detriment to the complainant.
ART. 865.--If, after the commencement of a suit for the destruction of new works, the defendant should sell the land upon which these works stand, the judgment which orders the destruction of them, shall be executed against the purchaser, though he may have been ignorant of the prohibition made to his vendor to discontinue them, saving always his recourse for indemnity against his vendor.
Of the Different Modes of acquiring the Pro
perty of Things.
General Dispositions. .
ART. 866.-The property of things or goods is acquired by inheritance either legal or testamentary, by the effect of obligations, and by the operation of law.
Of the different Sorts of Successions and Heirs.
ART. 867.-Succession is the transmission of the rights and obligations of the deceased to the heirs.
ART. 868.–Succession signifies also the estate, rights and charges which a person leaves after his death, whether the properly exceeds the charges or the charges exceed the properly, or whether he has only left charges without any property.
ART. 869.—The succession not only includes the rights and obligations of the deceased, as they exist at the
time of his death, but all that has accrued thereto since the opening of the succession, as also the new charges to which it becomes subject.
ART. 870.-Finally, succession signifies also that right by which the heir can take possession of the estate of the deceased, such as it may be. .
ART. 871.-There are three sorts of successions, to wit:
ART. 872.–Testamentary succession is that which results from the institution of heir, contained in a testament executed in the form prescribed by law. This sort of succession is treated of under the title of donations inter vivos, and mortis causa.
ART. 873.-Legal succession is that which the law has established in favour of the nearest relation of the deceased.
ART. 874.-Irregular succession is that which is established by law in favour of certain persons, or of the State in default of heirs either legal or instituted by testament.
These two last sorts of successions are the objects of the
ART. 875.-There are three kinds of heirs which correspond with the three species of successions described in the preceding articles, to wit:
Testamentary or instituted heirs;
ART. 876.--He who is the nearest relation to the deceased, capable of inheriting, is presumed to be heir, and is called the presumptive heir.
This quality is given to him before the decease of the person from whom he is to inherit, as well as after the
upening of the succession, until he has accepted or renounced it.
ART. 877.--Heirs are divided into two classes, according to the manner in which they accept successions left to them, to wit: unconditional and beneficiary heirs.
ART. 878.- Unconditional heirs are those who inherit without any reservation, or without making an inventory, whether their acceptance be express or tacit.
. ART. 879.–Beneficiary heirs are those who have accepted the succession under the benefit of an inventory regularly made.
ART. 880.-The person who has become the universal successor of the deceased, who is possessed of all his property and rights, and who is subject to the charges for which the estate is responsible, is called the heir, no matter whether he be such by law, by the institution of a testament or otherwise.
ART. 881,-The law does not take into consideration the origin nor the nature of the properly in order to regulate the succession.
Of Legal Successions.
ART. 882.-If there is no testament or institution of heir, or if the institution is null or without effect, the succession is then open in favour of the legitimate heirs, by the mere operation of the law.
ART. 883.-There are three classes of legal heirs, to wit:
The children and other lawful descendants;
ART. 884.-The nearest relation in the descending, ascending or collateral line, conformable to the rules hereafter established, is called to the legal succession.
ART. 885.- The propinquiry of consanguinity is established by the number of generations, and each generation is called a degree.
ART. 886.- The series of degrees forms the line; the series of degrees between persons who descend from one another, is called direct or lineal consanguinity, and the series of degree between persons who do not descend from one another, but spring from a common ancestor', is called the collateral line or collateral consanguinity.
The direct line is divided into a direct line descending and direct line ascending: The first is that which connects the ancestor with those who descend from him; the second is that which connects a person with those from whom he descends.
ART. 887.-In the direct line there are as many degrees as there are generations. Thus the son is with regard to the father, in the first degree, the grandson in the second, and vice versa with regard to the father and grandfather towards the sons and grandsons.
ART. 888.-In the collateral line the degrees are counted by the generations from one of the relations up to the comnion ancestor exclusively, and from the common ancestor to the other relations.
Thus brothers are related in the second degree; uncle and nephew, in the third degree; cousins german in the fourth, and so on.
ART. 889.-In matter of legal successions, no difference of sex, and no right of primogenitore are known; but they are regulated by the most perfect equality.