Maxim 4.2.1
The father is he whom the marriage indicates.
Pater est quem nuptiae demonstrant.
Source: Co. Litt. 123; Dig. 2, 4, 5; Broom, *Legal Maxims* (1874), p. 516; Jackson, *Latin for Lawyers* (1915), Max. 792; Weisman, 79n
Difficulty 1/5 — Foundational
Explanation
A child born in lawful wedlock is presumed to be the child of the husband — the marriage itself establishes paternity.
Where this applies
- A child is born during marriage and the husband denies being the father.
- Paternity is disputed and the marriage itself is evidence of who the father is.
See also
Cite this maxim
NeCede Max. 4.2.1 — The father is he whom the marriage indicates. — Co. Litt. 123; Dig. 2, 4, 5; Broom, *Legal Maxims* (1874), p. 516; Jackson, *Latin for Lawyers* (1915), Max. 792; Weisman, 79n (Pater est quem nuptiae demonstrant.)
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