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Simple English definitions for legal terms
cujus haeredibus maxime prospicitur
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A quick definition of cujus haeredibus maxime prospicitur:
Term: CUJUS HAEREDIBUS MAXIME PROSPICITUR
Definition: This Latin phrase means that when determining who has the fee (ownership) of a property, the person whose heirs are preferred is usually the owner. For example, if a property is conveyed to "A and B jointly, and the heirs of B," A only has a right to use the property during their lifetime (called a liferent), while B has full ownership. B's ownership cannot be taken away by anything A does, even if A makes a mistake or does something wrong.
A more thorough explanation:
Definition: Cujus haeredibus maxime prospicitur is a Latin term that means "whose heirs are chiefly regarded." It is a rule of construction used to determine who holds the fee of a property based on the terms of a destination. The general rule is that the person whose heirs are preferred is the fiar.
Example: If a property is conveyed to "A and B jointly, and the heirs of B," A only has a joint right of liferent, while B holds the fee. B is considered the fiar, and his rights cannot be affected by any actions of A, even if they are onerous.
This Latin maxim is used in legal contexts to determine who holds the fee of a property. It is important to understand this rule of construction when interpreting the terms of a destination to avoid any confusion or disputes over property ownership.