Libro Tercero · Título II Capítulo IV. Herencia condicional y a término

Testamentary dispositions may be granted under condition, making their effectiveness depend on the occurrence of a future and uncertain event.

Conditions imposed on heirs and legatees shall be governed by what is established for conditional obligations insofar as not provided for in this chapter.

The condition not to alienate or not to encumber the property shall be valid only until the heirs or legatees reach the age of majority and for five additional years.

The condition of not marrying shall be deemed unwritten; but the condition directed at preventing marriage with a specified person shall be valid. However, usufruct, use or habitation, or a personal pension, may be bequeathed to the successor for as long as the successor remains single.

If the heir or legatee are instituted under a suspensive condition, the property corresponding to them shall be placed under administration until the condition is fulfilled or there is certainty that it cannot be fulfilled.

The condition shall be deemed fulfilled when, without fault of the heir or legatee, the person interested in its non-fulfillment prevents its fulfillment.

The administration referred to in the preceding article shall be entrusted to the heir or heirs without condition; but if there are no co-heirs, the administration may be entrusted to the conditional heir, provided he sufficiently guarantees his management in the judgment of the judge.

The designation of a day or time at which the effect of the institution of heir or legatee is to begin or cease shall be valid.

In both cases, until the appointed term arrives, or when it ends, the lawful successor shall be deemed called. However, in the first case, he shall not enter into possession of the property except after furnishing sufficient security, with the intervention of the person instituted.

In the inheritance or legacy conferred from a determined day, the fruits produced by the property until that day arrives shall correspond to the legal heirs, if the testator has not disposed of them.

If the testator institutes an heir or legatee until a certain day or determined time, the heir may not retain the hereditary property, nor shall he make the fruits his own, after the appointed day or time has passed.

The property and fruits referred to in the preceding article shall henceforth belong to the instituted heir, or to the legal heirs of the testator.