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NeCede's

Maxim 2.4.19

The right ascends collaterally.

Source: Bract. 20; Weisman, 77u Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Rights of inheritance may pass not only downward to descendants but also upward and sideways through collateral lines — relevant in determining succession when direct heirs are absent.

Where this applies

  • A man dies without children, and his estate passes not to his parents (upward) but to his brother (collaterally), demonstrating that inheritance rights can move sideways through family lines.
  • A property owner dies with no direct descendants, and the court determines that the right of inheritance ascends collaterally to the owner's cousins rather than reverting to the state.
  • An intestate estate is distributed to the decedent's nieces and nephews because the right of succession moves through collateral lines when the direct line of descent is exhausted.

Legal domains

Cite this maxim

NeCede Max. 2.4.19 — The right ascends collaterally. — Bract. 20; Weisman, 77u

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