Maxim 4.2.7
The law of England rules that the offspring shall always follow the condition of the father; never that of the mother.
Lex Angliae nunquam matris sed semper patris conditionem imitari partum judicat.
Source: Co. Litt. 123; Jackson
Difficulty 3/5 — Intermediate
Explanation
Under English common law, legitimate children take the status and condition of their father — a rule distinct from the civil law maxim partus sequitur ventrem, which applies to illegitimate offspring.
Where this applies
- A legitimate child's legal status follows the father under English common law.
- The condition and nationality of a child born in wedlock follows the father.
Legal domains
Cite this maxim
NeCede Max. 4.2.7 — The law of England rules that the offspring shall always follow the condition of the father; never that of the mother. — Co. Litt. 123; Jackson (Lex Angliae nunquam matris sed semper patris conditionem imitari partum judicat.)
Found an error? Suggest a correction →