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Book 5 · Law of succession  ›  Title 4 · Legacies › Section 2169

Legacy of foreign objects

(1) The legacy of a specific object is ineffective to the extent that the object, at the time of the devolution of the inheritance, does not belong to the inheritance, unless the object is to be bequeathed to the person provided for even in the event that it does not belong to the inheritance.

(2) If the testator only had the bequeathed thing in their possession, its possession is, in case of doubt, deemed to be bequeathed, unless it does not grant any legal advantage to the person provided for.

(3) If the testator is entitled to a claim to the delivery of the bequeathed object or, if the object was destroyed or taken away from the testator after directions were given concerning the legacy, or to the reimbursement of its value, the claim is, in case of doubt, deemed to be bequeathed.

(4) An object does not belong to the inheritance within the meaning of subsection (1) if the testator is obliged to alienate it.

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