Art. 274. The legitimation of children who died before the celebration of the marriage shall benefit their descendants.
DISCUSSION:
The above article contemplates posthumous legitimation. The words “ who died before the celebration of the marriage” that means that a deceased child can be legitimated by the subsequent marriage by his or her parents. As already stated, it is the marriage that is the operative act for or that which gives effect to, legitimation.
It is only just to give the above privilege to such descendants of the deceased child who during his or her lifetime was unjustly derived of it by this means, the law preserves in the family property which otherwise might pass to the strangers, and repairs in some way the injury done to the memory of the father committed by their grandfather by his long silence, the effect of which had deprived them of their status.
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