Article 1161. Increment of hereditary shares.
1. If the heir does not accept the inheritance, refuses the inheritance without specifying that he refuses in favor of another heir (Article 1158), will not have the right to inherit or will be removed from inheritance on the grounds established by Article 1117 of this Code, or due to invalidity a will, a part of the inheritance that would be due to such a heir who had fallen away, goes to the heirs by law, called upon to inherit, in proportion to their hereditary shares.
However, in the case when the testator bequeathed all the property to the heirs appointed by him, part of the inheritance due to the heir who refused the inheritance or fell away on other specified grounds will be transferred to the other heirs under the will in proportion to their inheritance shares, unless the will provides for a different distribution of this part of the inheritance .
2. The rules contained in clause 1 of this article shall not apply if the heir who refused to inherit or has fallen for other reasons, is intended to the heir (clause 2 of Article 1121).
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References to other articles of chapter 64. Acquisition of an inheritance:
Article 1152. Acceptance of inheritance.
Article 1153. Ways of accepting inheritance.
Article 1154. Deadline for accepting an inheritance.
Article 1155. Acceptance of inheritance upon expiration of the established period.
Article 1156. Transfer of the right to accept inheritance (hereditary transmission).
Article 1157. Right to refuse an inheritance.
Article 1158. Refusal of inheritance in favor of other persons and refusal of a part of inheritance.
Article 1159. Ways of non-inheritance.
Article 1160. Right to refuse to receive a testamentary.
Article 1162. Certificate of Inheritance.
Article 1163. Terms for issuing a certificate of inheritance.
Article 1164. The common property of the heirs.
Article 1165. The division of inheritance by agreement between the heirs.
Article 1166. The protection of the interests of the child in the division of inheritance.
Article 1167. Protection of the legitimate interests of minors, incapable and partially capable citizens in the division of inheritance.
Article 1168. Preemptive right to an indivisible thing in the division of inheritance.
Article 1169. Preferential right to items of ordinary home furnishings and households in the division of inheritance.
Article 1170. Compensation of the disproportion of inherited property with a hereditary share.
Article 1171. The protection of inheritance and its management.
Article 1172. Measures for the protection of inheritance.
Article 1173. Trust management of hereditary property.
Article 1174. Reimbursement of expenses caused by the death of the testator, and expenses for the protection and management of the inheritance.
Article 1175. Responsibility of heirs for the debts of the testator.