Legitime - Law Dictionary Search Results
Home Dictionary Name: legitime Page: 3Son or daughter of such female
Son or daughter of such female, the son or daughter of a male vendor referred to in s. 15(1) only means the legitimate issue of the vendor. The words son or daughter mean only a legitimate son and a legitimate daughter of the female, Gulraj Singh v. Mota Singh, AIR 1965 SC 608 (610). [Punjab pre-emption Act, 1913 (as amended by Act (10 of 1960), s. 15(2)(b)]...
Scots law
Scots law is mainly derived from the Civil Law, and differs in many points from the English, as by assuring a man's widow and children two-thirds of his personal property (see LEGITIM), and by the legitimation of children born before marriage (see LEGITIMATION)....
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
Maintenance
Maintenance, an officious intermeddling in a suit which in no wise concerns one, by assisting either party with money or otherwise to prosecute or defend it; both actionable and indictable [see Bradlaugh v. Newdegate, (1883) 11 QBD 1], and invalidates contracts involving it. By the Roman Law it was a species of crimen falsi to enterin to any confederacy, or do any act to support another's law-suits, by money, witnesses, or patronage, 4 Bl. Com. 134.It is either ruralis, in the country as where one assists another in his pretensions to lands, by taking or holding the possession of them for him; or where one stirs up quarrels or suits in the country; or it is curialis, in a Court of justice, where one officiously intermeddles in a suit depending in any court, which does not belong to him, and with which he has nothing to do, 2 Rol. Abr. 115. Maintaining suits in the spiritual courts is not within the statutes relating to maintenance, Cro. Eliz. 549. A man may, however, maintain a suit in...
forced portion
forced portion : legitime ...
heir
heir : one who inherits or is entitled to succeed to the possession of property after the death of its owner: as a : one who by operation of law inherits the property and esp. the real property of a person who dies without leaving a valid will used in jurisdictions whose law is based on English common law called also heir at law heir general legal heir compare issue b in the civil law of Louisiana : one who succeeds to the estate of a person by will or esp. by operation of law see also intestacy, unworthy compare ancestor, devisee, legatee, next of kin, successor apparent heir : heir apparent in this entry beneficiary heir in the civil law of Louisiana : an heir who exercises the benefit of inventory which limits the amount of his or her liability for the decedent's debts bod·i·ly heir : heir of the body in this entry forced heir : an heir who cannot be disinherited except for causes recognized by law ;esp in the civil law of Louisiana : an heir who because of yo...
legitimate portion
legitimate portion : legitime ...
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 ...
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. ...
Derivative settlement
Derivative settlement, in Poor Law that settlement (see SETTLEMENT) which a poor person may acquire from his parent's settlement. The (English) Poor Law Act, 1930 (20 Geo. 5, c. 17), s. 85, enacts:-(1) Until a person acquires a settlement of his own or derives a settlement from a husband, that person-(a) if a legitimate child, shall take and follow, up to the age of sixteen, the settlement of his father, or if and so long as his father has no settlement, the settlement which his mother had immediately before her marriage to his father, but if after the death of the father the mother acquires a settlement (not being a derivative settlement) shall take and follow, up to the age of sixteen, that settlement;(b) if an illegitimate child, shall take and follow, up to the age of sixteen, the settlement of his mother;and shall in either case retain that settlement which under the forgoing provisions of the section he had at the age of sixteen.(2) Deals with the settlement of a married woman.(3...
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