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NeCede's

Maxim 4.7.8

Legitimacy is the lawful consequence of lawful marriage.

Legitimatio est legis consequentia matrimonii legitimi.

Source: Gaines v. Relf, 53 U.S. 472, 595 (1853); Weisman, 79m Difficulty 2/5 — Approachable

Explanation

The rights of inheritance and succession flow from the fact of legitimate birth — and legitimate birth flows from lawful marriage.

Where this applies

  • A child's legitimacy determines their right to inherit.
  • An inheritance dispute turns on whether the claimant's parents were lawfully married.

Legal domains

See also

Cite this maxim

NeCede Max. 4.7.8 — Legitimacy is the lawful consequence of lawful marriage. — Gaines v. Relf, 53 U.S. 472, 595 (1853); Weisman, 79m (Legitimatio est legis consequentia matrimonii legitimi.)

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