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Simple English definitions for legal terms
in proximo gradu
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A quick definition of in proximo gradu:
Term: IN PROXIMO GRADU
Definition: In Roman law, this phrase means "in the nearest degree." It is used to describe the relationship between a child and their father or a grandchild and their grandfather if the grandchild is representing their deceased father. It helps determine inheritance rights.
Additional term: PER STIRPES
Definition: This Latin phrase means "by roots or stocks." It is used to divide property among beneficiaries based on their deceased ancestor's share. It is also known as "in stirpes" or "per stirpem."
A more thorough explanation:
IN PROXIMO GRADU
In proximo gradu (in the nearest degree) is a Latin term used in Roman law to describe the relationship between a child and their father or a grandchild and their grandfather if the grandchild is representing their deceased father.
If a father dies, leaving behind two sons, the property will be divided between the sons in proximo gradu, meaning equally between them. If one of the sons has died, leaving behind a child, then the grandchild will inherit their deceased father's share in proximo gradu, meaning they will receive an equal share as the surviving son.
Another example is if a grandfather dies, leaving behind two grandchildren, one of whom is the child of his deceased son. The property will be divided in proximo gradu, meaning the surviving grandchild will receive half of the property, and the grandchild representing their deceased father will receive the other half.
These examples illustrate how in proximo gradu is used to determine the distribution of property based on the nearest degree of relationship to the deceased.