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Simple English definitions for legal terms
paterna paternis
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A quick definition of paterna paternis:
Term: PATERNA PATERNIS
Definition: When a father passes away, his belongings and property are usually passed down to his children. This is called paterna paternis. It means that the things that belonged to the father will go to his family members who are related to him through blood. This is different from when a mother passes away, which is called materna maternis, where her belongings and property are usually passed down to her children who are related to her through blood.
A more thorough explanation:
PATERNA PATERNIS
Paterna paternis is a Latin legal term that means goods acquired through the father descend to those connected with him. This phrase is used to distinguish between the succession of consanguinean half-brothers and uterine half-brothers.
- If a man dies and leaves behind property, his sons from his first marriage and his sons from his second marriage are both entitled to a share of the property. However, if the property was acquired through the father, only the sons from his first marriage would inherit it, according to the principle of paterna paternis.
- Another example would be if a man dies without a will, and he has both a son and a stepson. The son would inherit any property acquired through the father, while the stepson would not, even if the stepson was closer in age or had a closer relationship with the father.
These examples illustrate how paterna paternis is used to determine inheritance rights based on the relationship to the father and the origin of the property.