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Legal Definitions - mere

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Definition of mere

In legal contexts, the term mere is a noun that means mother. It is almost exclusively encountered within the Latin legal phrase en ventre sa mere, which translates to "in its mother's womb." This phrase is used to refer to a child who has been conceived but has not yet been born.

The legal concept of a child en ventre sa mere is significant because, in certain circumstances, the law recognizes such a child as having legal rights or interests even before birth, particularly concerning inheritance, property, or personal injury claims.

  • Example 1: Inheritance Law

    A wealthy individual passes away, and their will states that their estate should be divided equally among "all my living children and any child en ventre sa mere at the time of my death." If one of their daughters is pregnant when the individual dies, the law would recognize the unborn child as a potential beneficiary, treating them as if they were already born for the purpose of inheritance. This acknowledges the child's existence within its "mere" (mother) as a future heir.

  • Example 2: Personal Injury Claims

    A pregnant woman is involved in a severe car accident caused by a negligent driver. The unborn child sustains injuries while still in the womb that lead to significant health issues after birth. Once the child is born, a lawsuit might be filed on their behalf for the injuries suffered while en ventre sa mere. This demonstrates how the law can recognize a child's right to be free from harm even before birth, with the "mere" (mother) being the vessel through which these injuries were sustained.

  • Example 3: Property and Trust Law

    A trust document specifies that a particular piece of land will be transferred to "the firstborn child of John and Mary, whether born or en ventre sa mere at the time the trust is activated." If John and Mary are expecting their first child when the trust becomes active, the unborn child is considered the beneficiary of the land. This illustrates how legal instruments can make provisions for an unborn individual, acknowledging their future legal status and rights while still in their "mere" (mother's) womb.

Simple Definition

In legal contexts, "mere" is a term derived from Law French that means "mother." It is most commonly encountered in the phrase "en ventre sa mere," which literally translates to "in its mother's womb." This phrase refers to an unborn child.

The law is reason, free from passion.

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