Legal Definitions - legitimus

The term legitimus, originating from Roman law, refers to a person whose status, particularly their birth, is considered lawful or legitimate under the prevailing legal system.

In essence, it describes someone whose existence or relationship is recognized as valid and proper according to the law, granting them specific rights, duties, or social standing.

• Example 1: Inheritance Rights

  Imagine a wealthy Roman citizen who passes away without leaving a will. His eldest son, born to him and his wife within a legally recognized marriage, would be considered legitimus. This status would automatically grant the son the lawful right to inherit his father's property and titles according to Roman succession laws, as his birth was acknowledged as legitimate by the state.

• Example 2: Eligibility for Public Office

  Consider a young man in ancient Rome aspiring to a career in politics or the military. To be eligible for certain prestigious public offices or to maintain a respected social standing, it was often crucial for a person to be legitimus. This meant he was born of a lawful marriage between Roman citizens, ensuring his full rights as a citizen and his eligibility for civic participation, unlike someone born outside of such a legally recognized union.

• Example 3: Paternal Authority

  In Roman society, a father held significant legal authority (known as patria potestas) over his children. This extensive power, which included rights over their property and even their lives, was only fully recognized and enforceable if the children were legitimus. This implied they were born within a legally valid marriage, thereby establishing the father's lawful paternity and his corresponding rights and duties towards them under Roman law.