(1) If a descendant entitled to a share has been granted a lump sum payment from the common matrimonial property for waiving their share, the payment is included in the common matrimonial property when partitioning takes place and is set off against the half due to the descendants.
(2) The surviving spouse may, even before the termination of the continued community of property, enter into an agreement to a different effect with the other descendants entitled to a share. The agreement is to be recorded by a notary; it is also effective in relation to the descendants who enter the continued community of property only at a later date.