Legal Definitions - de consanguineo

The Latin term de consanguineo refers to a relationship based on shared blood or common ancestry. It describes individuals who are related by kinship, meaning they descend from the same family line.

In legal contexts, this concept is crucial for determining various rights, responsibilities, and restrictions that arise from family ties, such as inheritance, eligibility for certain benefits, or prohibitions against specific actions between relatives.

• Example 1: Inheritance Laws

  Consider a situation where a person dies without a will (intestate). Laws governing intestacy often prioritize heirs de consanguineo. For instance, if a single individual passes away without a will, their assets would typically be distributed first to their children, then to their parents, and then to their siblings, all of whom are related to them by blood. Close friends or distant acquaintances, despite having strong personal connections, would generally not be considered legal heirs under these rules because they lack a direct blood relationship.

  This example illustrates de consanguineo because the legal system uses the direct blood relationship (children, parents, siblings) to establish the order of inheritance, ensuring that property passes within the recognized family line.

• Example 2: Conflict of Interest in Public Office

  Imagine a city council meeting where a proposal to approve a lucrative construction contract is being discussed. Council member David's sister owns the construction company bidding for the contract. To avoid any appearance of bias or impropriety, David might be required to recuse himself from voting on the proposal.

  Here, the principle of de consanguineo comes into play because David's blood relationship with the company owner creates a potential conflict of interest. Ethical guidelines and legal standards would recognize this familial tie as a reason for him to step aside, ensuring fairness and impartiality in the decision-making process for the public good.

• Example 3: Marriage Prohibitions

  Many jurisdictions have laws prohibiting marriage between close relatives, such as siblings or first cousins. These laws are often rooted in societal norms and, historically, concerns about genetic health. For example, a brother and sister, even if they wished to marry, would be legally barred from doing so in almost all places.

  This demonstrates de consanguineo because the legal prohibition on marriage is directly based on the close blood relationship between the individuals. The law acknowledges their shared ancestry as a fundamental reason to prevent such unions.