Legitimate Portion - Law Dictionary Search Results
Home Dictionary Name: legitimate portionlegitimate portion
legitimate portion : legitime ...
legitime
legitime [French, from Latin legitima (pars) the lawful (share)] in the civil law of Louisiana : the portion (as one-fourth) of a testate succession that is reserved for a forced heir called also forced portion compare disposable portion, falcidian portion, marital portion NOTE: The fraction used to calculate the legitime will vary depending on the number of forced heirs. ...
Falcidian portion
Falcidian portion [from Falcidius, Roman tribune who proposed the law passed in 40 B.C. that established the portion] : the one-fourth portion of a succession that may be retained by the instituted heir in civil law if more than three-fourths of the succession was bequeathed to other legatees compare legitime, marital portion NOTE: The Falcidian portion is expressly abolished in the Louisiana Civil Code. ...
marital portion
marital portion in the civil law of Louisiana : a one-fourth portion that a surviving spouse is entitled to claim from the estate of a spouse who has died rich in comparison to the surviving spouse compare disposable portion, falcidian portion, legitime ...
Legitime
Legitime, that portion of a parent's estate of which he cannot disinherit his children without a legal cause, Civ. Law. See LEGITIM....
forced portion
forced portion : legitime ...
Legitimation per subsequens matrimonium
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 ...
legitimation
legitimation The legal process which a natural father can use to acknowledge legally his children who were born out of wedlock (outside of marriage). A legitimated child can be a "child" under immigration law under these conditions: * the legitimation took place according to the law of the child's residence or the father's residence; * the father proved (established) that he is the child's natural father; * the child was under the age of 18; and * the child was in the legal custody of the father who legitimated the child when the legal process of legitimation took place. Source: Department of State. March 2007. ...
Legitimate
Accordant with law or with established legal forms and requirements lawful as legitimate government legitimate rights the legitimate succession to the throne a legitimate proceeding of an officer a legitimate heir...
Legitimate expectation
Legitimate expectation, However, the more important aspect is whether the decision-maker can sustain the change in policy by resort to wednesbury principles of rationality or whether the court can go into the question whether the decision-maker has properly balanced the legitimate expectation as against the need for a change, Punjab Communications Ltd. v. Union of India, (1999) 4 SCC 727.Legitimate expectation, is a latest recruit to a long list of concepts fashioned by the courts for review of administrative actions, Confederation of Ex-Servicemen Assns. v. Union of India, (2006) 8 SCC 399.It is still at a stage of evolution. The principle is at the root of the rule of law and requires regularity, predictability and certainty in the Government's dealings with the public. The procedural part of it relates to a representation that a hearing or other appropriate procedure will be afforded before the decision is made.Means the expectations may be based on some statement or undertaking by,...
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