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Presumption Of Legitimacy
The "presumption of legitimacy" is a common law rule of evidence that states that a child born within the subsistence of a marriage is presumed to be the child of the husband. Early history Paternity is considered an important issue in determining the rules of succession. Illegitimate children were originally excluded from royal succession, hereditary titles, and property. See also *''Mater semper certa est ("The mother is always certain") is a Roman-law principle which has the power of , meaning that no counter-evidence can be made against this principle (literally: presumption of law and by law). It provides that the mother of the child is conc ...'' References Family law {{Law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Paternity (law)
Paternity law refers to body of law underlying legal relationship between a father and his biological or adopted children and deals with the rights and obligations of both the father and the child to each other as well as to others. A child's paternity may be relevant in relation to issues of legitimacy, inheritance and rights to a putative father's title or surname, as well as the biological father's rights to child custody in the case of separation or divorce and obligations for child support. Under common law, a child born to a married woman is presumed to be the child of her husband by virtue of a "presumption of paternity" or presumption of legitimacy. In consideration of a possible non-paternity event (which may or may not include paternity fraud) these presumptions may be rebutted by evidence to the contrary, for example, in disputed child custody and child support cases during divorce, annulment or legal separation. In the case of a father not married to a child's mot ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patrilineality
Patrilineality, also known as the male line, the spear side or agnatic kinship, is a common kinship system in which an individual's family membership derives from and is recorded through their father's lineage. It generally involves the inheritance of property, rights, names, or titles by persons related through male kin. This is sometimes distinguished from cognate kinship, through the mother's lineage, also called the spindle side or the distaff side. A patriline ("father line") is a person's father, and additional ancestors, as traced only through males. Traditionally and historically people would identify the person's ethnicity with the father's heritage and ignore the maternal ancestry in the ethnic factor. In the Bible In the Bible, family and tribal membership appears to be transmitted through the father. For example, a person is considered to be a priest or Levite, if his father is a priest or Levite, and the members of all the Twelve Tribes are called Israelites because ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nobility
Nobility is a social class found in many societies that have an aristocracy (class), aristocracy. It is normally ranked immediately below Royal family, royalty. Nobility has often been an Estates of the realm, estate of the realm with many exclusive functions and characteristics. The characteristics associated with nobility may constitute substantial advantages over or relative to non-nobles or simply formal functions (e.g., Order of precedence, precedence), and vary by country and by era. Membership in the nobility, including rights and responsibilities, is typically Hereditary title, hereditary and Patrilinearity, patrilineal. Membership in the nobility has historically been granted by a monarch or government, and acquisition of sufficient power, wealth, ownerships, or royal favour has occasionally enabled commoners to ascend into the nobility. There are often a variety of ranks within the noble class. Legal recognition of nobility has been much more common in monarchies, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mater Semper Certa Est
("The mother is always certain") is a Roman-law principle which has the power of , meaning that no counter-evidence can be made against this principle (literally: presumption of law and by law). It provides that the mother of the child is conclusively established, from the moment of birth, by the mother's role in the birth. Since egg donation, or embryo donation with surrogacy, started using the technique of ''in-vitro'' fertilization, the principle of has been shaken, since a child may have a ''genetic'' and a ''gestational'' ("birth"), let alone a "social", mother who are different individuals. Since then some countries have converted the old natural law to an equivalent codified law; in 1997 Germany introduced paragraph 1571 ("motherhood") of the BGB ( civil code) reading ("the mother of a child is the woman who gave birth to it"). This has also been tested in the British case of Freddy McConnell. The Roman law principle, however, does not stop at the mother, in fact ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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