Maxim 5.6.11
An heir is either by right of property or by right of representation.
Haeres est aut jure proprietatis, aut jure representationis.
Source: 3 Co. 40; Jackson; Weisman, 58dd
Difficulty 3/5 — Intermediate
Explanation
One inherits either in his own right (as the nearest blood heir) or by representation (standing in the place of a deceased ancestor who would have inherited) — these are the only two modes of succession.
Where this applies
- Am I inheriting in my own right or standing in for my deceased parent who would have inherited?
- My father predeceased my grandfather — do I inherit by right or by representation?
Legal domains
Cite this maxim
NeCede Max. 5.6.11 — An heir is either by right of property or by right of representation. — 3 Co. 40; Jackson; Weisman, 58dd (Haeres est aut jure proprietatis, aut jure representationis.)
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