.-Who marries a second time

.-Who has or adopts a new child

.-Who had had a child with another partner during their marriage

is obliged to keep for the children of the first marriage every asset:

.-Which he or she has acquired by gift or inheritance or succession rights from his or her deceased partner. (His or her share of the assets acquired within their matrimonial property regime is not included in the reservation).

.-Which he or she has received by gift or inheritance from the relatives of the deceased partner ( given because of their partnership) or from the children of the first marriage, unless it were given by them to the widow or widower with knowledge of the second marriage

During the life of the widow or widower:

.-Any disposal of the assets done before the new marriage or the birth or adoption of the new child would be valid but with the obligation to reserve their value for the children of the first marriage.

.-The disposal of movable assets done before or after is valid with the same obligation to indemnify.

.-The disposal of immovable assets after the obligation of reserva comes into effect ( new marriage, or birth or adoption of a new child) will not be valid if at the time of death of the widow or widower there are children or descendants alive from the first marriage.

For those reasons the widow or widower at the time of the new marriage or the new birth or adoption must:

.-Make an inventory of the assets.

.-Value the movable

.-Make a note, publishing the reserva, in the Land Registry of the immovable reserved assets.

must also guarantee:

.- The restitution of the assets

.-The damages which result from his or her negligence

.-The value of the movable assets which where disposed of ( by gift or by sale)

.-The value of the immovable assets sold before the obligation came into effect.

At the death of the widow or widower the children or descendants of the first marriage will inherit in the same form and share as the legal succession. Notwithstanding the widow or widower can dispose of those assets between their children from the firt marriage as the reserved share’s «mejora» allows.

The reserva is extinguished

.-If all the children of the first marriage, being of age, waive their rights

.-If at the time of the death of the widow or widower, there are not children or descendants alive from the first marriage.