Legal Definitions - arbor civilis

Arbor Civilis

In legal terms, an arbor civilis refers to a genealogical tree or family tree. It is a visual representation that maps out the relationships between individuals within a family, showing their lineage, descent, and connections through birth, marriage, or adoption. This legal concept is crucial for understanding kinship and establishing familial ties, particularly in matters where legal rights and responsibilities depend on family relationships.

• Example 1: Estate Administration
  When an individual passes away without a will (intestate), a court must determine who the legal heirs are to inherit their property. In such a scenario, an attorney might construct an arbor civilis to clearly illustrate the deceased's family structure, identifying all living relatives—such as children, siblings, parents, or more distant relatives—and their precise relationship to the deceased. This visual aid helps the court accurately apply inheritance laws to distribute the estate according to legal statutes.

• Example 2: Guardianship Proceedings
  If a minor child's parents are unable to care for them, and a court needs to appoint a guardian, an arbor civilis can be instrumental. For instance, if several relatives, such as an aunt, an uncle, and a grandparent, all express interest in becoming the guardian, the court might request an arbor civilis to visualize the entire family network. This helps the judge understand the full scope of potential caregivers, their proximity to the child, and their legal relationship, aiding in the decision to appoint the most suitable guardian.

• Example 3: Establishing Citizenship or Ancestry Claims
  In some immigration or nationality cases, an individual might need to prove their descent from a citizen of a particular country to claim citizenship or other rights. For example, if someone claims citizenship through a great-grandparent who was a citizen, they would need to present an arbor civilis. This document would meticulously trace their lineage through their parents and grandparents back to the great-grandparent, providing a clear legal record of their familial connection and demonstrating their eligibility for the claim.