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.)
Found an error? Suggest a correction →