Maxim 4.2.10
Children born under a legitimate marriage follow the condition of the father.
Cum legitima nuptiae factae sunt, patrem liberi sequuntur.
Source: Bouvier, *Law Dictionary* (1856); Weisman, 58i
Difficulty 2/5 — Approachable
Explanation
Where marriage is lawful, the children take the status and condition of the father — the complement to the rule that illegitimate offspring follow the mother.
Where this applies
- A child born in lawful marriage takes the father's legal status.
- The legal condition of legitimate children follows the father's status.
Legal domains
See also
Cite this maxim
NeCede Max. 4.2.10 — Children born under a legitimate marriage follow the condition of the father. — Bouvier, *Law Dictionary* (1856); Weisman, 58i (Cum legitima nuptiae factae sunt, patrem liberi sequuntur.)
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