Succession Transfer of the Right to a Share of the Gain under Article 619 CC

Facts

This decision concerns a succession dispute over the right to a share of the gain realized from real estate transactions carried out by the deceased M.W. According to Article 619 CC, the non-acquiring co-heirs are entitled to a share of this gain, within 25 years of the attribution of the real property to the acquirer. The central question is whether this right to a share of the gain can be transferred by succession to third parties outside the family.

Considerations

The Federal Court considers that the right to a share of the gain under Article 619 CC is part of the beneficiary's assets and can therefore, within the general limits of the freedom of disposition, be transferred by testamentary disposition to third parties outside the family. The fact that the special agricultural inheritance law (Articles 620 et seq. CC) aims to preserve family ties is not sufficient to justify a restriction on the co-heir's power of disposition over their share of the gain.

Furthermore, the Court considers that not only the gain already realized, but also the expectation of the gain under Article 619 CC, are transferable by succession. Accordingly, the right to a 3/28 share of the gain of the…