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NeCede's

Maxim 5.6.12

The heir is the same person with his ancestor, a part of his ancestor.

Haeres est eadem persona cum antecessore, pars antecessoris.

Source: Co. Litt. 22; Jackson Difficulty 2/5 — Approachable

Explanation

In the legal fiction of descent, the heir is treated as a continuation of the ancestor's legal identity — what bound the ancestor binds the heir, and the ancestor's rights vest in the heir without interruption.

Where this applies

  • My grandfather's contracts are now binding on me as his heir.
  • The heir is legally treated as a continuation of the deceased — the obligations carry over.

Legal domains

Cite this maxim

NeCede Max. 5.6.12 — The heir is the same person with his ancestor, a part of his ancestor. — Co. Litt. 22; Jackson (Haeres est eadem persona cum antecessore, pars antecessoris.)

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