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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