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NeCede's

Maxim 4.2.4

The offspring follows the mother.

Partus sequitur ventrem.

Source: Inst. 2, 1, 19; Jackson, *Latin for Lawyers* (1915), Max. 789; Weisman, 58ff Difficulty 2/5 — Approachable

Explanation

The status and condition of offspring follow the mother — a rule originating in the law of property in animals and applied at civil law to questions of personal status.

Where this applies

  • A child's status follows the mother's condition under certain circumstances.
  • An illegitimate child's legal status is determined by the mother's status.

Legal domains

See also

Cite this maxim

NeCede Max. 4.2.4 — The offspring follows the mother. — Inst. 2, 1, 19; Jackson, *Latin for Lawyers* (1915), Max. 789; Weisman, 58ff (Partus sequitur ventrem.)

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