39. For successions which open before 1 January 1994,(1) the capacity required to exercise the right of option after 31 December 1993 is appraised according to the provisions of the new legislation;
(2) the right provided in article 626 of the new Code to be recognized as an heir is extinguished upon the expiry of ten years from 1 January 1994 or, where the right arises after 31 December 1993, upon the expiry of ten years after it arises;
(3) the right to retract a renunciation under article 657 of the former Code may be exercised only within ten years from 1 January 1994;
(4) a successor who has not exercised his right of option before the expiry of ten years from 1 January 1994 is deemed to have renounced the succession.