Legal Definitions - propter defectum sanguinis

Propter defectum sanguinis is a Latin phrase that translates to "on account of failure of blood." Historically, this term refers to a situation where there is a lack of legitimate heirs or a break in the direct line of descent, which can have significant legal consequences, particularly concerning inheritance, succession to titles, or claims to property.

Here are some examples illustrating this concept:

• Inheritance of a Family Estate: Imagine a wealthy individual who owns a large ancestral estate. If this person dies without a will and has no living legitimate children, grandchildren, or other direct blood relatives who can legally inherit under the laws of intestacy (dying without a will), the situation could be described as propter defectum sanguinis. In such a case, the estate might not pass to anyone in the immediate family line and could instead escheat (revert) to the state or be distributed to very distant relatives according to specific legal statutes.

  This illustrates the term because the "failure of blood" refers to the absence of a direct, legitimate lineage to inherit the property, thereby disrupting the expected succession.

• Succession to a Noble Title: Consider a historical scenario where a Duke holds a hereditary title that traditionally passes down through legitimate male heirs. If the Duke dies without any legitimate sons, or if his only child is later proven to be illegitimate, the dukedom faces a "failure of blood" in the direct line. The title might then become extinct, revert to the Crown, or pass to a very distant collateral relative if the specific rules of succession for that title allow for it, rather than continuing in the immediate family line.

  Here, propter defectum sanguinis highlights the absence of a recognized, legitimate heir to continue the direct line of succession for the noble title.

• Claim to Ancestral Land: A family has historically held rights to a specific piece of land for generations, based on a direct line of descent. If the last recognized direct descendant dies without any legitimate children or other direct heirs, and no will specifies otherwise, a distant cousin might attempt to claim the land. However, a court might rule that due to propter defectum sanguinis in the direct, legitimate line, the land's ownership reverts to a different entity, such as the original grantor's estate or the state, rather than passing to a more remote relative whose claim is not recognized under the specific historical or legal framework.

  This example demonstrates the term by showing how the lack of a direct, legitimate bloodline can invalidate or alter claims to property that were traditionally based on such lineage.