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Simple English definitions for legal terms
hereditas
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A quick definition of hereditas:
Hereditas is a Latin word that means inheritance. In Roman law, it referred to the right to inherit everything from a deceased person, whether they had a will or not. If the inheritance had more debts than assets, it was called a burdensome inheritance. Before someone officially became the heir, the property was called hereditas jacens. If there was no heir or legatee to take the estate, it was called an escheated estate. A succession or inheritance that devolved by operation of law rather than by will was called hereditas legitima. A sad or mournful inheritance that disturbs the natural order of mortality was called hereditas luctuosa. If the inheritance descended through the father, it was called hereditas paterna. If the inheritance was under a decedent's will, it was called hereditas testamentaria.
A more thorough explanation:
HEREDITAS
Hereditas is a Latin term that has several meanings:
- In Roman law, it refers to an inheritance by universal succession to a decedent, whether the decedent died testate or intestate, and whether in trust or not.
- In history, it refers to an estate transmissible by descent.
Examples:
- Hereditas damnosa: A burdensome inheritance where the debts exceed the assets.
- Hereditas jacens: Property belonging to an estate before an heir accepts it.
- Hereditas legitima: A succession or inheritance devolving by operation of law rather than by will.
- Hereditas luctuosa: A sad or mournful inheritance that disturbs the natural order of mortality, such as a parent inheriting a child's estate.
- Hereditas paterna: A succession that descends through the father.
- Hereditas testamentaria: Succession to an estate under a decedent's will.
These examples illustrate the different types of inheritances that can occur, such as a burdensome inheritance with more debts than assets, or a sad inheritance that goes against the natural order of mortality. Hereditas paterna refers to a succession that descends through the father, while hereditas testamentaria refers to a succession under a decedent's will.