Types Of Ear Prosthesis

2) RIGHT TO LIFE HOUSING


Article 764 Unless otherwise agreed by the deceased expressed in terms of section 971, the spouse who was actually a successor to the time of death as a primary residence, a dwelling belonging to spouses or dependent entirely on the estate, this home until his death, a right of residence and right of use on furniture, included in the estate, the lining.

deprivation of such rights of habitation and use by the deceased expressed under the conditions mentioned in the first paragraph shall not affect the fingers of usufruct that spouse takes under the Act or a donation, who continue to obey their own rules.

These rights of habitation and use is carried out in accordance with Articles 627, 631, 634, and 635.

The spouse, other heirs or either of them may require that it be made an inventory of furniture and a state of the property subject to the law use and housing.

In addition to the right to have free housing with furniture, in the year following the death, the spouse successor who actually occupied at the time of death, as the main living accommodation belonging to the spouses or deceased, has on this home, until his death, a right housing and a right to use the furniture, included in the estate, the lining (C. civ. art. 764).

However, the deceased may by will devise authentic deprive his spouse of the aforementioned right to housing (C. civ. art. 764 paragraph 1). This deprivation remains without affecting the rights of usufruct that spouse takes under the Act or a donation, which continue to obey their own rules (C. civ. Art. 764 paragraph 2).

If the value of use rights and housing is greater than that of his estate, the spouse is not obligated to award the estate because of the excess (C. civ. Art. 765) .

Note:
- Deadline - The spouse has one year from the death to express his desire to enjoy the rights of residential and use the above (C. civ. art. 765-1).
- use rights and housing exercised under the conditions laid down in Articles 627, 631, 634 and 635 of the Civil Code (C. civ. Art. 764 paragraph 3).
- The spouse, other heirs or either of them may require that it be made an inventory of furniture and a state of the property subject to the right of use and habitation (C. civ. Art. 764 paragraph 4)
- Notwithstanding sections 631 and 634 of the Civil Code, when the situation of the surviving spouse because the housing collateral of the right to use and habitation is more suited to needs, the spouse or his representative may rent it to a use other than commercial or farm to make the necessary resources to new housing conditions (C. civ. art. 764 paragraph 5).
- The value of use rights and housing count against the value of the estate tax collected by the spouse. If the value of use rights and housing is greater than that of his estate, the spouse is not obligated to award the estate because of the excess (C. civ. Art. 765)
- When housing was the subject of a lease, the surviving spouse has the right to use the furniture it (C. civ. art. 765-2).
- The spouse and heirs may inherit, by convention, convert use rights and housing in an annuity or a lump. If among the parties to the Convention is a minor or a protected adult, the agreement must be authorized by the guardianship judge (C; Civ. Art. 766).