We, having ascertained that many laws which were promulgated in ancient times have not, so far as intestate succession is concerned, made a just distinction between male and female relatives, deem it necessary to settle all questions relating to the intestate succession of cognates, by making a clear and exact decision in the present law: therefore all previous enactments relating to this subject are hereby repealed, and what We now establish shall be solely observed for the future. Hence, as it is understood that intestate successions of all kinds include three degrees, that is to say, that of ascendants, that of descendants, and that of collaterals (which are divided into agnates and cognates),"We"order that the first degree of succession shall be that of descendants.

  Where anyone who dies intestate leaves descendants of either sex, or of any degree whatsoever, derived from males or females, who are either independent or under the control of others, the said descendants shall take precedence over all ascendants and collateral relatives. For although the deceased may have been under the control of others, We order that his children, no matter what their sex or degree, shall be preferred even to the parents to whose authority they were subject; that is to say, solely with respect to such property as was not acquired for the benefit of the parents in conformity with others of Our laws; for We confirm Our laws which relate to the usufruct which should be acquired or preserved for the parents. If, however, one of the descendants whom We have just mentioned should die, and himself leave children of either sex, or other descendants, the latter will succeed to the place of their father, whether they were under the power of him whose succession is in question, or whether they were their own masters; and no matter what their number may be, they shall receive from the estate of the deceased as large a share as their father would have been entitled to if he had lived. Ancient legislation designated this order of succession as per stirpes. We do not desire that the degree should be sought for in considering such an order; but We direct that the grandchildren by a predeceased son or daughter shall be called to the succession concurrently with the sons and daughters, and that no distinction shall be made between the children of either sex, whether they are descended from males or females, or whether they are independent, or under the control of others. These are the provisions which We make with reference to the succession of descendants, and in consequence of this We deem it advisable next to treat of ascendants, and the way in which they are called to the succession of descendants.

  Therefore, if the deceased did not leave any descendants, but was survived by his father or mother, or other ascendants, We desire that they shall be preferred to all collateral relatives, with the exception of full brothers, as will be hereinafter stated. But where there are several surviving ascendants, We order that those shall be preferred who are in the nearest degree, whether they are males or females, or are on the father's or mother's side. Where they are of the same degree, the estate shall be divided equally among them, so that all the ascendants on the father's side, no matter how many there are, shall receive half of the estate, and the ascendants on the mother's side, without reference to their number, shall receive the other half. But where any brothers or sisters of the deceased survive, along with the ascendants, they shall be called to the succession concurrently with the relatives next in degree; and if the father or mother is living, the estate shall be divided among them per capita, and each of the descendants and brothers shall be entitled to an equal share of the same; and the father shall not, under these circumstances, be entitled to the usufruct of the share which passes to his sons or daughters, for We grant them by the present law the rights of ownership as well as usufruct, so far as this share is concerned, and no distinction shall be made between persons of either sex who are called to the succession, whether they are related through males or females, and whether the person to whom they succeed was independent, or under someone's control. We must now consider the third order of succession, which is called collateral, and is divided into agnates and cognates, so that this order having been determined, Our law may be perfect in every respect.

  Where the deceased left neither descendants or ascendants, We call first to the inheritance the full brothers and sisters, whom We have already called concurrently with the parents. Where there are no full brothers living, We call, in the second order, brothers related to the deceased by a single parent, either the father or the mother; but where the deceased left brothers, and also children of another brother or sister, already dead, the latter shall be called to the succession per stirpes, along with the males and females descended from the father or mother of the deceased, and no matter what their number may be, they will be entitled to the same share of the estate that their father would have received had he been living. The result of this is that if the predeceased brother, whose children are living, was related to the deceased on both sides, and at the same time there are other brothers related to him through the father or mother alone, the children of the full brother, although they are in the third degree, will be preferred to his own stock (whether it be derived from males or females through the father or mother of the deceased), just as their father would have been preferred to them if he had lived. On the other hand, if a full brother of the deceased should survive, We exclude the children of the predeceased brother, who would have only been related to the deceased by a single parent, just as this dead brother would also have been excluded if he were living. We only grant the right of representation in this degree of relationship to the sons and daughters of brothers or sisters, in order that they may succeed their parents. We refuse it to everyone else in the collateral line; but permit the children of brothers to enjoy it when they are called with the male or female descendants per stirpes either on the father's or mother's side. When, however (as We have already stated), ascendants are called to the succession along with brothers of the deceased, We do not permit brothers' or sisters' children to be called concurrently with them to the intestate succession of a brother or a sister, even though their father or mother was fully related to the deceased. Hence, as We have granted the privilege of representation to the children of brothers or sisters, in order that, succeeding to the place of their own parents, and being alone in the third degree, they may be called to the inheritance with others of the second degree, it is clear that they are preferred to those related per stirpes, whether they are male or female, and connected with the deceased only on the father's or mother's side, even though the latter are also in the third degree of relationship.
  (1) Where the deceased left neither brothers, nor brothers' children (as We have previously stated), We then call to the succession all collateral relatives according to the privilege of each degree, so that the next of kin shall be preferred to the others; but where there are several in the same degree, the estate shall be divided among them according to their number, which Our laws call per capita.

  We do not wish any difference to exist between persons who are called to a succession or inheritance, whether they be male or female, if they were related to the deceased; but We direct that all distinctions shall be abolished in the successions of agnates and cognates, whether the relationship is derived through a woman, through emancipation, or in any other way whatsoever as prescribed by former laws; and We order that all persons, without any distinction in this respect, shall be entitled to the intestate succession of their cognates, in accordance with their degree of relationship.

  Therefore Your Glory will see that the provisions which We have included in the present constitution are brought to the knowledge of all Our subjects, and you will have them published in this Royal City by means of edicts, as is customary, and in the provinces through orders addressed to the illustrious Governors, in order that none of the subjects of Our Empire may be ignorant of Our solicitude for them. The promulgation of this law shall take place in all the provinces without any expense being incurred by either the citizens or provincials.