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单词 right of representation
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right of representation
2. Law. Assumption, by the lineal descendant of a person who dies prior to succession, of the right of inheritance originally vested in his or her ancestor; the legal concept or process which governs this. Frequently in right of representation [after French droit de representation (1600 in the passage translated in quot. 1607)] . See also passive representation n. at passive adj. and n. Compounds.
ΘΚΠ
society > law > legal right > right of possession or ownership > right to succeed to title, position, or estate > [noun] > hereditary > right of son of elder son deceased
right of representation1607
1607 E. Grimeston tr. Gen. Inuentorie Hist. France i. xl. 145 The right of representation [Fr. droict de representation]..is, that the sonne of the eldest brother, represents the Father, and without doubt succeeds in all his rights, to enioy them, as if he himselfe liued.
1693 J. Dalrymple Inst. Law Scotl. (ed. 2) iii. viii. §32. 503 The Line of Succession in Moveables, is first, the Nearest Descendents, Male or Female, in the same Degree, equally; whether Sons or Daughters, without Right of Representation.
1766 W. Blackstone Comm. Laws Eng. II. 225 The right of representation being thus established, the former part of the present rule amounts to this; that, on failure of issue, [etc.].
a1768 J. Erskine Inst. Law Scotl. (1773) II. iii. viii. §11 546 There is a right of representation peculiar to heritage, by which one succeeds in heritable subjects, not from any title in his own person, but in the place of, and as representing some of his deceased ascendents.
1832 A. McLeod Amer. Christian Expositor Mar. 421/1 God charged Adam with the sin of eating the forbidden fruit... God charges his posterity with this same sin, because they are guilty, having identified with him by legal representation.
1838 W. Bell Dict. Law Scotl. 556 This right of representation takes place in collateral succession to heritage, as well as in that of descendants in the direct line.
1861 I. Drayton Office of Surrogates (ed. 3) 422 Those who take by representation only, cannot be entitled to anything to which the person they represent never had any title.
1875 Amer. Law Reg. 23 681 He shall not be capable of taking..property from the lineal or collateral kindred of such parents by right of representation.
1921 Yale Law Jrnl. 30 590 The Statute of Distribution allows such a right of representation in favour of children of a deceased brother or sister, but no farther.
2009 W. A. Whitman Smart Women protect their Assets vi. 85 If you leave your estate to your children per stirpes and one of your children has already died, that child's share will pass to that child's children. This is also referred to as by representation.
extracted from representationn.1
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更新时间:2025/1/24 14:33:41