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Legal Definitions - de latere

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Definition of de latere

The Latin term de latere refers to relationships or connections that are not direct or lineal (such as parent-to-child) but rather indirect, "from the side," or collateral. In legal contexts, it often describes relatives who share a common ancestor but are not in a direct line of descent from each other.

Here are some examples to illustrate this concept:

  • Inheritance Law: Imagine a situation where an individual passes away without a spouse or any children. In many legal systems, if there are no direct descendants, the estate might then pass to the deceased's siblings, nieces, or nephews. These relatives are considered de latere heirs because they are connected "from the side" through a common ancestor (the deceased's parents or grandparents), rather than being in a direct ascending or descending line.

  • Corporate Governance: Consider a large corporate group where a parent company owns several subsidiaries. If a director from one subsidiary company is appointed to the board of a *sister* subsidiary (another company also owned by the same parent, but not directly by the first subsidiary), this could be described as a de latere appointment. The director is coming from a related entity "from the side" within the broader corporate structure, rather than from a direct hierarchical superior or subordinate company.

  • Family Law and Guardianship: If a child's parents are unable to care for them, and the court appoints an aunt or uncle as the child's legal guardian, this relationship is de latere. The aunt or uncle is connected to the child through a sibling relationship with one of the parents, representing a "sideways" familial bond rather than a direct lineal one like a grandparent.

Simple Definition

De latere is a Latin term meaning "of collaterals" or "from the side." In legal contexts, it refers to relationships or lines of descent that are not direct, but rather indirect or through a collateral branch of a family.

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