Art. 268. The action to claim his legitimacy may be brought by the child during all his lifetime, and shall be transmitted to his heirs if he should die during his minority or in a state of insanity. In these cases the heirs shall have a period of five years within which to institute the action.
DISCUSSION:
During his or her lifetime, a child whether of age or not may claim and bring an action to claim legitimacy against the parents. But, how about if the parents are die? it seems clear that the child can still claim succession rights by proving hi filiation in the appropriate proceedings. The 5 year prescriptive period applies when the action to claim legitimacy is brought by the heirs. If the mother or father died during the minority of the child, in which case the latter may file the action before the expiration of four years from the attainment of his majority. If after the death of the father or of the mother a document should appear of which nothing had been heard and which either or both parents recognize the child. In this case, the action must be commenced within four years from discovery of the document. The rationale for the rule is to give the alleged parents opportunity to be heard. The reason for the exceptions is to protect the heirs. The action to claim the legitimacy may be brought by the child during his or her lifetime and shall be transmitted to the heirs should be the child die during the minority or a state of insanity. in this case, the heirs shall have a period of five (5) years within which to institute the action. The action commenced by the child shall survive notwithstanding the death of either or both of the parties. The child can bring the action during his or her entire lifetime and even after the death of the parents. In other words, the action does not prescribe as long as he lives.
DISCUSSION:
During his or her lifetime, a child whether of age or not may claim and bring an action to claim legitimacy against the parents. But, how about if the parents are die? it seems clear that the child can still claim succession rights by proving hi filiation in the appropriate proceedings. The 5 year prescriptive period applies when the action to claim legitimacy is brought by the heirs. If the mother or father died during the minority of the child, in which case the latter may file the action before the expiration of four years from the attainment of his majority. If after the death of the father or of the mother a document should appear of which nothing had been heard and which either or both parents recognize the child. In this case, the action must be commenced within four years from discovery of the document. The rationale for the rule is to give the alleged parents opportunity to be heard. The reason for the exceptions is to protect the heirs. The action to claim the legitimacy may be brought by the child during his or her lifetime and shall be transmitted to the heirs should be the child die during the minority or a state of insanity. in this case, the heirs shall have a period of five (5) years within which to institute the action. The action commenced by the child shall survive notwithstanding the death of either or both of the parties. The child can bring the action during his or her entire lifetime and even after the death of the parents. In other words, the action does not prescribe as long as he lives.
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