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NeCede's

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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