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A 12-year old son from a former relationship who never knew his father went to court over the size of his legitime.
The legitime cannot be infringed in order to give a spouse or other beneficiary a greater share of the estate.
A forced share (or legitime) can often only be decreased on account of some very specific misconduct by the forced heir.
En legitime defense.
In English common law, there is no legitime; the Statute of Wills, 32 Hen.
In civil law countries, the doctrine of legitime plays a similar role, and makes the lineal descendants of the dead person forced heirs.
The movable property of the deceased is subject to jus relictae and legitime.
The forced estate is divided into shares which include the share of issue (legitime or child's share) and the spousal share.
C'est legitime, it's true what they say."
Under the Civil Code of the Philippines, the legitime is given to and/or shared by the compulsory heirs of the decedent.
Legitime Succession of Lauga (1993) 624 So.2d 1156 say Art 1493 is unconstitutional so the 23 year age limit does not apply.
Vitu, Legitime defense et infraction d'imprudence, Revue de Science Criminelle, 1987, 865.
The legitime is usually a statutory fraction of the decedent's gross estate and passes as joint property to the decedent's next-of-kin in equal undivided shares.
A similar concept, the legitime, exists in civil and Roman law; the legitime limits the extent to which one may disinherit an heir.
The same article mentioned that the Legitime government had paid $80,000 in gold for the wood hulled steamship Carondelet, which they hoped to convert to a warship.
In Louisiana, the doctrines of legitime and jus relictae restrict owners from willing property out of their family when they die with children or have a surviving partner.
These well-established (and in general legitime) relationships survived the challenges of recruitment in times of war and prevented reformers from establishing a system of conscription that was regular and fair.
For they may remember, what the apostle saith of a greater law than theirs; Nos scimus quia lex bona est, modo quis ea utatur legitime.
After abandoning dowries and dowers in the 20th century, many European countries created or increased the spousal share to be on par with the share of issue (legitime); Spain is an exception.
The acquisition of the crown was vital for Matthias as the Hungarian tradition only recognized those Kings as legitime who were crowned with it in the Basilica of Székesfehérvár.
'Si qua mulier maritum suum, cui legitime est iuncta, dimiserit, necetur in luto'- Lex Burgund., 34, I.
Therefore, when a decedent has children and leaves a will, it is unlawful for the testator to override the legitime by special gift which exhausts the estate or by designating his spouse or other person as sole beneficiary.
The legal principles of jus relictae and legitime also remain active in the US state of Louisiana, which differs from the other 49 states as it operates under the Napoleonic code rather than common law.
Albania recognized the PLO as the only legitime organization of the Palestinian people by the middle of the 1970s and it was followed by the opening of a Diplomatic Representative, resident in Romania.
He was the only legitime son of Alfredo d'Escragnolle Taunay, Viscount of Taunay, and Cristina Teixeira Leite (Baron of Vassouras' daughter).
This leaves open the question of forced sharing among the first generation who establishes communism.
O, that's right no competition, no forced sharing of lines.
The issue of forced sharing of wealth is by no means settled among Christian communists, however.
Watch the agony deepen at the forced sharing.
It may also be called a widow's share, statutory share, election against the will, or forced share.
(If a child of the deceased died before him, his children can claim forced share instead of him etc.)
A forced share (or legitime) can often only be decreased on account of some very specific misconduct by the forced heir.
Current Louisiana law provides for a forced share if the decedent's children are under 24 years of age, or are permanently unable to take care of themselves.
The Italian bond auction has forced shares down, as well as the fright of Spanish bond yields briefly hitting 6pc.
Since the 'big bang' of 1986, the increased volume of trade had forced share prices up and, by reducing transactions costs for institutions, probably prolonged the equity boom.
Beneath the pseudo-economic doomsday babble, there exists the frightening prospect that if a great many of society's have-nots become aware of their rights and learn to fight for them, there will be a forced sharing of money and power.
In Civil law and Roman law, the legitime (legitima portio), also known as a forced share or legal right share, of a decedent's estate is that portion of the estate from which he cannot disinherit his children, or his parents, without sufficient legal cause.
There are also those who hold that the entire issue of "forced sharing of wealth" rests upon the mistaken assumption that people have private wealth to start with in a communist system, and argue that people born under communism are not forced to share anything because they never had any private property in the first place.