Page:The Civil code of Japan (IA cu31924069576704).pdf/289

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1008.

Even though property forming the subject of a gift as mentioned in the preceding article has been destroyed or its value lessened by the act of the donee, it is treated as if it existed in its original condition at the time when the succession occurs, and the amount of the gift determined accordingly.

1009.

If one of the co-heirs assigns his portion to a third person before partition, the other co-heirs may acquire such portion on repaying the amount of it and expenses.

This right must be exercised within one month.

Subsection III.
The Partition of the Property Succeeded to.

1010.

The ancestor may by will determine the manner of partition or entrust such determination to a third person.

1011.

The ancestor may by will forbid the partition for a period of not more than five years from the time when the succession occurs.

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