FREE BOOKS

Author's List




PREV.   NEXT  
|<   106   107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130  
131   132   133   134   135   136   137   138   139   140   141   142   143   144   145   146   147   148   149   150   151   152   153   154   155   >>   >|  
d to the rank of agnates, the praetor calls the nearest cognates. 1 In this class or order natural or blood relationship alone is considered: for agnates who have undergone loss of status and their children, though not regarded as having a statutory title under the statute of the Twelve Tables, are called by the praetor in the third order of the succession. The sole exceptions to this rule are emancipated brothers and sisters, though not in equal shares with them, but with some deduction, the amount of which can easily be ascertained from the terms of the constitution itself. But to other agnates of remoter degrees, even though they have not undergone loss of status, and still more to cognates, they are preferred by the aforesaid statute. 2 Again, collateral relations connected with the deceased only by the female line are called to the succession by the praetor in the third order as cognates; 3 and children who are in an adoptive family are admitted in this order to the inheritance of their natural parent. 4 It is clear that illegitimate children can have no agnates, for in law they have no father, and it is through the father that agnatic relationship is traced, while cognatic relationship is traced through the mother as well. On the same principle they cannot be held to be consanguinei of one another, for consanguinei are in a way agnatically related: consequently, they are connected with one another only as cognates, and in the same way too with the cognates of their mother. Accordingly, they can succeed to the possession of goods under that part of the Edict in which cognates are called by the title of mere kinship. 5 In this place too we should observe that a person who claims as an agnate can be admitted to the inheritance, even though ten degrees removed from the deceased, both by the statute of the Twelve Tables, and by the Edict in which the praetor promises the possession of goods to heirs statutorily entitled: but on the ground of mere natural kinship the praetor promises possession of goods to those cognates only who are within the sixth degree; the only persons in the seventh degree whom he admits as cognates being the children of a second cousin of the deceased. TITLE VI. OF THE DEGREES OF COGNATION It is here necessary to explain the way in which the degrees of natural relationship are reckoned. In the first place it is to be observed that they can be counted either upwards, or downw
PREV.   NEXT  
|<   106   107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130  
131   132   133   134   135   136   137   138   139   140   141   142   143   144   145   146   147   148   149   150   151   152   153   154   155   >>   >|  



Top keywords:

cognates

 

praetor

 

children

 
relationship
 
natural
 

agnates

 

statute

 

deceased

 

possession

 

degrees


called

 

father

 

admitted

 
kinship
 
inheritance
 

degree

 
mother
 

connected

 

status

 
consanguinei

undergone

 

Twelve

 

Tables

 

succession

 

promises

 

traced

 
observe
 

succeed

 

related

 
agnatically

Accordingly

 

person

 
DEGREES
 

COGNATION

 
cousin
 

explain

 

upwards

 

counted

 

observed

 

reckoned


statutorily

 

entitled

 

removed

 

agnate

 

ground

 
admits
 
seventh
 

persons

 

claims

 
deduction