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Legitime - Law Dictionary Search Results

Home Dictionary Name: legitime Page: 4

Prolem ante matrimonium natam, ut post legitimam, lex civilis succedere facit in h'reditate parentum; sed prolem, quam matrimonium non parit, succedere non sinit lex Anglorum

Prolem ante matrimonium natam, ut post legitimam, lex civilis succedere facit in h'reditate parentum; sed prolem, quam matrimonium non parit, succedere non sinit lex Anglorum. Fort. C. 39, (The Civil Law permits the offspring born before marriage, provided such offspring be afterwards legitimized, to be the heirs of their parents; but the law of the English does not suffer the offspring not produced by the marriage to succeed.) See LEGITIMATION; MERTON....


Not proceeding from true source

Not proceeding from true source, 'not proceeding from true source' only mean that the thing is not what it pretends to be, which only means that it is not genuine or legitimate, Chaitanya Kumar Adatiya v. Sushila Dixit, AIR 1975 SC 1718 (1721): (1976) 3 SCC 97.--only means that the thing is not what it pretends to be, which only means that it is not genuine or legitimate, Chaitanya Kumar v. Sushila, AIR 1975 SC 1718 (1721)....


Natural child

Natural child, the child in fact, the child of one's body. Some children are both the natural and legitimate offspring of a marriage, i.e., those duly born in wedlock. Some are the legitimate but not the natural offspring of a marriage, i.e., those who are born in wedlock, and never bastardized, although begotten in adultery and in fact the natural children of a stranger. See Shakespeare's King John, Act i., sc. 1. [Indian Succession Act]Some are natural children only; i.e., bastards, born out of wedlock, and those born in wedlock, who are bastardized, and hence the word is popularly more often used as though it were simply equivalent to bastard. See LEGTIMATION; BASTARD and BASTARDIZE....


Legitimacy Declaration Act, 1858 (English)

Legitimacy Declaration Act, 1858 (English) (21 & 22 Vict. c. 93), which provides that any natural born subject of the King, being domiciled in England or Ireland, or claiming any real or personal estate situated in England, may apply to the High Court of Justice for a decree, declaring that the petitioner is the legitimate child of his parents, and that the marriage of his father and mother ,or of his grandfather and grandmother, was a valid marriage, or for a decree declaring that his own marriage was valid. See also (English) Legitimacy Act, 1926 (16& 17 Geo. 5, c. 60), applying the 1858Act in cases also of legitimation by subsequent marriage of parents and giving jurisdiction therein to the County Court....


filiate

filiate -at·ed -at·ing : to declare (a child) the descendant of a particular parent and esp. a father [has not been filiated by the initiative of the parent "Louisiana Civil Code"] compare acknowledge, legitimate NOTE: A child may be illegitimate but filiated. Both legitimation and acknowledgment filiate an illegitimate child. Adopted children are filiated by the adoption proceeding. ...


Bastard Eigne

Bastard Eigne, an elder son born before marriage; thus if a man had a natural son, and afterwards married the mother and by her had a legitimate son, the latter was mulier puisne, and the elder son bastard eigne, Watk. Descent. C. v. See Legitimacy Act, 1926 (c. 60) and LEGITIMATION....


rational

rational 1 : having reason or understanding 2 : relating to, based on, or guided by reason, principle, fairness, logic, a legitimate state interest, or a consideration of fact [age distinctions are not subject to strict scrutiny, but they must have a relationship to a legitimate state interest "In re J. M., 642 A.2d 1062 (1994)"] ra·tio·nal·i·ty [ra-shə-na-lə-tē] n ra·tio·nal·ly adv ...


illegitimate

illegitimate 1 : not recognized by the law as offspring ;specif : born out of marriage NOTE: An illegitimate child is usually legitimated by his or her parents' later marriage. Illegitimate children generally have the same inheritance rights under intestate successions as legitimate children; statutes limiting their inheritance rights have been found to violate the equal protection clause. 2 : not valid according to law illegitimate n ...


due process

due process 1 : a course of formal proceedings (as judicial proceedings) carried out regularly, fairly, and in accordance with established rules and principles called also procedural due process 2 : a requirement that laws and regulations must be related to a legitimate government interest (as crime prevention) and may not contain provisions that result in the unfair or arbitrary treatment of an individual called also substantive due process NOTE: The guarantee of due process is found in the Fifth Amendment to the Constitution, which states “no person shall…be deprived of life, liberty, or property, without due process of law,” and in the Fourteenth Amendment, which states “nor shall any state deprive any person of life, liberty, or property without due process of law.” The boundaries of due process are not fixed and are the subject of endless judicial interpretation and decision-making. Fundamental to procedural due process is adequate notice prior t...


Antenati

Antenati, those born before a certain period, e.g., before marriage. In Scotland marriage removes the illegitimacy of antenati who inherit as heirs; but in England a child legitimated per subsequens matrimonium could not, before 1926, inherit real estate, Doe v. Vardill, (1835) 2 Cl & F 571; 7 ib. 895; but he could take as devisee under a devise to children [Re Grey's Trusts, (1892) 3 Ch 88]. See Legitimacy Act, 1926 (16 & 17 Geo. 5, c. 60), and LEGITIMATION....



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