III. MODERN CIVIL CODES, In modern Eu ropean legislation the Roman principle of uni versal succession has generally reasserted itself : the same rules generally govern inheritance of realty and of personalty. In all the codes the inheritance vests primarily in descendants. Fail ing these different rules prevail. At French law the inheritance passes. in second instances, to parents, brothers, and sisters and the children of brothers and sisters, all of whom take precedence of grandparents. The Spanish code prefers all ascendants, and the German code prefers parents, to brothers and sisters. In the absence of de scendants, ascendants, and of brothers and sisters and their descendants, the French, Italian, and Spanish codes confer the inheritance upon the nearest collateral ; but the French code provides that if there be collaterals both on the paternal and the maternal side the inheritance shall be divided. The Austrian and the German codes follow the parentela system.
The surviving spouse is better treated than at Roman law. Under the Code Napoleon, in deed. the surviving spouse had no right except by ante-nuptial contract or, in the absence of such contract, by operation of the general law of matrimonial property: hut by the law of March 9, 1S91, he or she has a life interest in a portion of the property. which is at most one fourth if there are children, but rises to one half if there are no children. There arc similar provisions in the Italian and Spanish codes; but at Spanish law if the decedent has neither de scendants, ascendants, nor brothers or sisters or nephews, the surviving spouse takes the whole estate absolutely; and at Italian law, if there are no legitimate children, the surviving spouse takes from one-fourth to one-third absolutely as against parents and illegitimate children, two-thirds as against collaterals, and the whole estate if there is no collateral within the sixth degree (e.g. a
second cousin). The German law is even more liberal: the surviving spouse takes one-fourth absolutely as against children; onelialf to three fourths as against parentg, brothers and sisters, and grandparents: and the whole as against the decedent's other relatives.
As to illegitimate children different rules pre vail. The French, Italian, and Spanish codes give no rights of inheritance to such children unless they have been 'recognized.' Such a recog nized child inherits in concurrence with legiti mate children, taking, however, only half the share of a legitimate child. When there are no legitimate children the rights of recognized ille gitimate children are greater. By the French law of March 25, 1S16, they take the whole estate as against all eollaterals, except brothers and sisters and their children. In the German code the illegitimate child, although 'recognized,' has no right of succession in the estate of his father or in those of his father's relatives; but in the mother's estate and in those of her rela tives such a child has the same rights as if born in wedlock. For a treatment of subjects in Eng lish and American law, see DESCENT; DISTRIIIU