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Book 5 · Law of succession  ›  Division 4 · Contract of inheritance › Section 2288

Prejudice to the legatee

(1) If the testator has destroyed, removed or damaged the object of a contractual legacy with the intention of adversely affecting the person provided for, then, to the extent that the heir is thereby rendered incapable of performing the legacy, the value of the object replaces the object.

(2) If the testator has alienated or created a charge on the object with the intention of adversely affecting the person provided for, the heir is obliged to procure the object or to remove the charge for the person provided for; the provision set out in section 2170 (2) applies accordingly to this obligation. If the alienation or charge is made by way of gift, the person provided for has, to the extent that they may not demand compensation from the heir, the claim specified in section 2287 against the recipient of the gift.

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