Legitimation Per Subsequens Matrimonium
Legal definition for Indian law research
Definition
Legitimation per subsequens matrimonium. The legitimation of a bastard by the subsequent marriage of his parents. Formerly not recognized by the Law of England, though always allowed under the Civil Law in Scotland and most European countries and many British colonies.
Now recognised in England and Wales by the Legitimacy Act, 1926 (16 & 17 Geo. 5, c. 60), as from 1st January, 1927. The Act provides for the legitimation of an illegitimate person by the subsequent marriage of the parents, but not if the other person was married to a third person at the time of the illegitimate person's birth. It further provides for declarations of legitimacy, the rights of legitimated persons to take interests in property, succession, personal rights and obligations, and as to persons legitimated by extraneous law. See for summary of law before 1927 an article by Sir Dennis Fitzpatrick, K.C.S.I., in the Journal of the Society of Comparative Legislation, No. 13, New Series (1904).
In the British Colonies such as Ceylon, Canada, and South Africa, where the civil law of legitimation prevailed before the British occupation, that law has been left undisturbed; in the other Colonies to which the colonists took the British law against legitimation with them, that law has been altered by statute and legitimation introduced, e.g., New Zealand (1894), S. Australia (1898), Queensland (1899), New South Wales (1902), Victoria (1903).
See the Journal of the Society of Comparative Legislation, New Series, Vol. vi, Pt. I. (1904).
Now recognised in England and Wales by the Legitimacy Act, 1926 (16 & 17 Geo. 5, c. 60), as from 1st January, 1927. The Act provides for the legitimation of an illegitimate person by the subsequent marriage of the parents, but not if the other person was married to a third person at the time of the illegitimate person's birth. It further provides for declarations of legitimacy, the rights of legitimated persons to take interests in property, succession, personal rights and obligations, and as to persons legitimated by extraneous law. See for summary of law before 1927 an article by Sir Dennis Fitzpatrick, K.C.S.I., in the Journal of the Society of Comparative Legislation, No. 13, New Series (1904).
In the British Colonies such as Ceylon, Canada, and South Africa, where the civil law of legitimation prevailed before the British occupation, that law has been left undisturbed; in the other Colonies to which the colonists took the British law against legitimation with them, that law has been altered by statute and legitimation introduced, e.g., New Zealand (1894), S. Australia (1898), Queensland (1899), New South Wales (1902), Victoria (1903).
See the Journal of the Society of Comparative Legislation, New Series, Vol. vi, Pt. I. (1904).
Definitions are for legal research. Always verify meaning in the context of the statute, judgment, or jurisdiction cited.