Legal Definitions - quot generationes tot gradus

Quot generationes tot gradus is a Latin legal maxim that translates to "as many generations, so many degrees." This principle was historically used in legal systems, particularly in common law, to determine the precise degree of kinship or relationship between individuals. It establishes that the number of generational steps separating two people directly corresponds to their degree of legal relationship. This calculation was crucial for matters such as inheritance, succession to titles, or determining who could marry whom.

• Example 1: Direct Lineal Relationship (Grandparent and Grandchild)

  Imagine a scenario where a will specifies that property should pass to the testator's closest living relative, determined by degrees of kinship. If the testator has a grandchild, the legal system would use quot generationes tot gradus to calculate their relationship.

  From the testator to their child is one generation (first degree). From the child to the grandchild is another generation (second degree). Therefore, the grandchild is related in the second degree to the testator. This calculation helps establish the grandchild's claim based on their proximity of kinship.

• Example 2: Collateral Relationship (Siblings)

  Consider a situation where two siblings are disputing an inheritance, and the law requires understanding their degree of relationship to each other. Applying quot generationes tot gradus to siblings involves tracing their lineage back to a common ancestor.

  To determine the degree between two siblings, one counts up from one sibling to their common parent (one generation) and then down from the common parent to the other sibling (another generation). This totals two generational steps, meaning siblings are related in the second degree. This method clarifies their legal standing relative to each other in matters like intestate succession.

• Example 3: Collateral Relationship (First Cousins)

  Suppose a historical land dispute required identifying the rightful heir based on the closest degree of kinship among several claimants, including first cousins. The principle of quot generationes tot gradus would be applied to determine the relationship between two first cousins.

  To calculate this, one counts up from one cousin to their parent (one generation), then up to their common grandparent (another generation). From the common grandparent, one counts down to the other cousin's parent (one generation), and then down to the other cousin (another generation). The total number of generational steps is four, establishing that first cousins are related in the fourth degree. This precise calculation would be vital in determining the order of succession or eligibility for a claim.