Page:The Civil code of Japan (IA cu31924069576704).pdf/322

entitled to one half of the estate as his legal portion.

Any other heir to the house is entitled to a third of the estate as his legal portion.

A descendant who is heir to property is entitled to one half of the estate as his legal portion.

A husband or wife or an ascendant who is heir to property is entitled to one third of the estate as his legal portion.

In determining the amount of a legal portion, to the property which the ancestor had at the time when the succession occurred is to be added the amount of any property of which he has disposed by gift, and from the sum so found the whole amount of his obligations is to be subtracted.

The value of a conditional right or one which is uncertain in its duration, is to be fixed by a valuation to be made by experts appointed by the court.

In determining the amount of a legal portion, the value of a right pertaining to the special rights of succession to a house is not to be taken into account.

The amount of a gift is to be taken into account according to the provisions of Art. 1132 only if the gift was made within one year before the succession occurred; but even though made before one year, a gift shall be taken into account, if at the time of making it all the parties concerned knew that it would cause damage to the person entitled to a legal portion.