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Simple English definitions for legal terms
A quick definition of quem nuptiae demonstrant:
Term: quem nuptiae demonstrant
Definition: In Roman and Scots law, quem nuptiae demonstrant means "whom the marriage indicates." This phrase refers to the assumption that a husband is the father of a child that his wife gives birth to, unless proven otherwise. This is known as a rebuttable presumption. It means that if a man is married to a woman and she has a child, people will assume that the child is his. However, this assumption can be challenged if there is evidence to suggest that someone else is the biological father.
A more thorough explanation:
Term: Quem nuptiae demonstrant
Definition: In Roman and Scots law, this phrase means "whom the marriage indicates." It refers to the assumption that a husband is the father of a child born to his wife. This assumption can be challenged, but it is the starting point for determining paternity.
Example: If a married woman gives birth to a child, her husband is assumed to be the father. This is because the marriage indicates that they have had sexual relations and could have conceived a child. However, if the husband can prove that he was not physically able to father the child, or if the wife admits to having an affair, the assumption can be challenged.
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