Legal Definitions - amitinus

Amitinus is a term used in civil law to refer to a specific familial relationship: a male first cousin. More precisely, it denotes the son of one's paternal aunt (father's sister) or maternal uncle (mother's brother).

Here are some examples illustrating the application of this term:

• Imagine a historical will from a region that follows civil law principles. The will of a wealthy landowner, dated 1850, states that if he dies without direct heirs, his estate should be divided among his "amitini."

  This example demonstrates how amitinus was used to designate specific relatives for purposes of inheritance. In this case, the landowner's male first cousins (the sons of his aunts or uncles) would be the beneficiaries if he had no children or grandchildren.

• Consider a legal dispute over guardianship in a civil law jurisdiction where family lineage is meticulously documented. A court is reviewing old family records to determine the closest male relative to assume guardianship of an orphaned child. The records show an entry stating, "Caius, amitinus of the deceased father."

  Here, the term amitinus precisely identifies Caius as the male first cousin of the child's deceased father, meaning Caius is the son of the father's paternal aunt or maternal uncle. This clarity helps the court establish the exact familial connection and potential eligibility for guardianship.

• In a legal proceeding concerning the division of ancestral property, a family tree is presented as evidence. One branch of the tree identifies "Marcus as the amitinus of Julia."

  This use of amitinus clarifies that Marcus is Julia's male first cousin. This precise designation of their relationship can be crucial in civil law systems for determining who has a legitimate claim or interest in shared family assets, ensuring that only those with the specified kinship ties are considered.