Page:The Civil code of Japan (IA cu31924069576704).pdf/323

This page has been proofread, but needs to be validated.

— 303 —

1134.

A person entitled to a legal portion or his successor may demand the reduction of legacies or of gifts coming under the provisions of the preceding article, so far as is necessary for the protection of his portion.

1135.

If the subject of a gift or legacy is a conditional right or one whose duration is uncertain, and such legacy or gift is to be partly reduced, the person entitled to a legal portion must pay without delay to the donee or legatee the amount of the remaining part according to the value of the right as determined in compliance with the provisions of Art. 1132, 2.

1136.

Gifts shall be reduced only after legacies.

1137.

Legacies shall be reduced in proportion to the value of their subjects. If, however, the testator has expressed a different intention, such intention is to govern.

1138.

The reduction of gifts begins with the latest and proceeds in the order of time to the earliest.

1139.

In addition to the property to be restored the donee must also restore its fruits from the day when the claim for reduction was made.

This article is issued from Wikisource. The text is available under Creative Commons Attribution-Share Alike 4.0 unless otherwise noted. Additional terms may apply for the media files.