Section 1637.- If any surviving spouse is the beneficiary of an insurance on life, such surviving spouse is entitled to receive the whole sum agreed with the insurer. But he or she shall be bound to compensate either the Separate Portion or the Marriage Portion of the other spouse, as the case may be, by restoring such sums paid as premiums as may be proved to have been in excess of the amount of money which could be paid as premiums by the deceased having regard to the latter’s income or usual station in life.

The amount of premiums to be restored under the foregoing provisions shall in no case be more than the sum paid by the insurer.

 

Section 1638.- Where both spouses have invested money in a contract whereby an annuity is payable to both of them during their joint lives and afterwards to the survivor for life, the latter shall be bound to compensate either the Separate Portion or the Marriage Portion of the other spouse, as the case may be, in so much as such Separate Portion or Marriage Portion has been used for such investment. Such compensation to the Separate Portion or Marriage Portion shall be equal in amount to the extra sum required by the grantor of the annuity in order to continue to pay the annuity to the surviving spouse.

 

CHAPTER IV

REPRESENTATION FOR THE PURPOSE OF RECEIVING INHERITANCE

 

Section 1639.- If any person who would have been an heir according to Section 1629 (1), (3), (4) or (6) is dead or has been excluded before the death of the de cujus, his descendants, if any, shall represent him for the purpose of receiving inheritance. If any of his descendants is dead or has been excluded in the same manner, the descendants of such descendant shall represent him for the purpose of receiving inheritance and the representation shall take place in this way as regards the share of each person consecutively to the end of the stirpes.

 

Section 1640.- Where a person is deemed to have died according to the provisions of Section 65 of this Code, there may be representation for the purpose of receiving inheritance.

 

Section 1641.- If any person who would have been an heir according to Section 1629 (2) or (5) is dead or has been excluded before the death of the de cujus, the whole share shall devolve to the other surviving heirs, if any, of the same class and no representation shall take place.

 

Section 1642.- Representation for the purpose of receiving inheritance shall take place only among statutory heirs.

 

Section 1643.- The right of representation for the purpose of receiving inheritance belongs only to the direct descendants, the ascendants having no such right.

 

Section 1644.- A descendant may represent for the purpose of receiving inheritance only if he has a complete right to the inheritance.

 

Section 1645.- Renunciation of inheritance of a person does not preclude the renouncer from representing such person in inheriting from another person.