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Simple English definitions for legal terms
pupillary substitution
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A quick definition of pupillary substitution:
Pupillary substitution is a type of substitution in Roman law where a person is nominated to take the place of a descendant who is under the age of puberty and in the control of the testator, if the descendant has died before reaching puberty. If the descendant failed to take by reason of lunacy, the substitution was known as an exemplary substitution or quasi-pupillary substitution. It is a way to ensure that the property of the deceased is passed on to someone who is capable of managing it until the descendant reaches the age of puberty.
A more thorough explanation:
Definition: Pupillary substitution is a type of substitution in Roman law where a person is nominated to take the place of a descendant who has died before reaching puberty and was in the control of the testator. If the descendant failed to take the inheritance due to lunacy, it was known as an exemplary substitution or quasi-pupillary substitution.
Examples: If a person named their underage child as the heir to their estate but the child died before reaching puberty, the testator could nominate another person to take the place of the child and inherit the estate. This type of substitution was known as a pupillary substitution.
Explanation: Pupillary substitution was a way for a testator to ensure that their property would pass to their intended beneficiaries even if the original heir was unable to inherit. It was particularly useful in cases where the heir was a young child who had not yet reached puberty. The example illustrates how a testator could use pupillary substitution to ensure that their estate passed to their chosen beneficiary even if the original heir was unable to inherit.