Overview of the Forced Heirship Rules Under the Code Civil Mauricien

Abstract

The Republic of Mauritius follows the forced heirship rules as derived from the French Napoleonic Code. This review article will demystify the forced heirship rules and the succession principles under the Code Civil Mauricien. The heirship rules for the surviving spouses will also be established with the view of demonstrating how the latter can also be part of a succession in the absence of any testamentary provisions. Discussions regarding the peculiarities related to the distribution of the succession such as the division-in-kind and licitation will also be established. Finally, the review article will conclude with the renunciation of heirship and its consequences.

Jurisdiction: Republic of Mauritius

Keywords: Succession and Inheritance in Mauritius, Forced Heirship Rules, Code Civil Mauricien, Distribution of Assets, Division in Kind and Limitation