Maxim 4.2.6
It is not just to make an elder-born a bastard after his death, who all his life has been accounted legitimate.
Justum non est aliquem antenatum mortuum facere bastardum qui pro tota vita sua pro legitimo habetur.
Source: 8 Co. 101; Jackson; Weisman, 58a
Difficulty 2/5 — Approachable
Explanation
The law will not disturb the settled status of legitimacy after death — one who lived his whole life as legitimate cannot be posthumously bastardized.
Where this applies
- Someone tries to declare a deceased person illegitimate after they lived their whole life as legitimate.
- An inheritance is challenged by posthumously attacking the deceased's legitimacy.
Legal domains
Cite this maxim
NeCede Max. 4.2.6 — It is not just to make an elder-born a bastard after his death, who all his life has been accounted legitimate. — 8 Co. 101; Jackson; Weisman, 58a (Justum non est aliquem antenatum mortuum facere bastardum qui pro tota vita sua pro legitimo habetur.)
Found an error? Suggest a correction →