Topic 7. Roman family
1. Concept, types, lines and degrees of relationship
2. Personal and property relations of parents and children
3. Grounds for the emergence of paternal power. Termination of paternal power. emancipation
4. Custody and guardianship
Concept, types, lines and degrees of relationship
In a legal sense, a family is a union of persons based on marriage and kinship, bound by mutual rights and obligations. Family (familia) in Roman law originally meant the totality of family property, later also the totality of persons, that is, all the persons and things that formed the household. The family in Roman society was strictly patriarchal in nature and was based on the absolute power of the householder in relation to his wife and children.
The rights and obligations between family members are enshrined in legal norms, which, according to modern ideas constitute a special legal branch - family law. In Rome, there was no such legal branch, and numerous norms and principles for regulating family law relations were studied by that section of private law that was devoted to the legal status of persons. Corresponding norms and principles regulated relations based on marriage and kinship; property relations also had some significance in this regulation.
Marriage can be defined as the union of a man and a woman for the purpose of jointly raising offspring and maintaining a common household. Marriages are monogamous (the union of one husband and one wife), polygamous (allowing the presence of two or more wives); there are polyandrous marriages (based on polyandry). Roman law knew only monogamous marriage. But the forms and grounds for concluding this marriage, the principles of regulating the relationship of spouses have changed over time.
Kinship denotes a blood relationship between people, that is, a relationship based on the origin of one from another or on the origin of a group of people from a common ancestor. Determining whether there is a relationship between two persons greatest value, since from this connection many mutual rights and obligations of relatives, personal rights (power, assistance) and property rights (legitimate usufruct, hereditary succession, alimony) can arise. Also, the establishment of kinship is necessary to establish the prohibitions of incest.
The lines are distinguished by straight lines (recta) and side lines (transversa). A straight line denotes relatives who successively descend from one another: a son from a father, a father from a grandfather, a grandfather from a great-grandfather, etc. Counting in a straight line can be ascending (ascending direct relatives): grandson, son, father, grandfather; the counting in the opposite direction is descending (descending direct relatives: grandfather, father, son, grandson). The lateral line denotes relatives who descend from one common ancestor, but do not originate from one another: brothers, sisters; uncles, nephews, etc. For clarity, you can imagine a straight line in the form of a ladder, and a side one - in the form of a folding one.
Different degrees of kinship (gradus) are established between the straight and lateral lines. The degree of direct and lateral relationship is determined by the number of births establishing a relationship between two given persons. Therefore, for example, father and son are connected by direct descending relationship of the 1st degree, and brothers - by lateral relationship of the 2nd degree, the 3rd between uncle and nephew, the 4th between cousins, etc.
Roman law attached decisive importance in many of its institutions not only to lines and degrees of kinship, but also to types of kinship, for there were two such types: agnatic and cognatic kinship. Agnate kinship is a bond determined by the power of the householder. In other words, it is a bond that binds to the householder, as well as to each other, all those who are subordinate to the householder of the same person. These ties are not related to blood: both adopted children and wives (married to the power of the husband) are agnates, although they are strangers by blood. Agnates are not the children of the householder who were emancipated (taken out of the power of the householder).
Cognate kinship is blood kinship, these are bonds that connect all blood relatives descended from one ancestor, regardless of whether they are agnates or not. Therefore, an emancipated son is a cognate, while an adopted son is not.
Initially, up to Justinian, only agnatic kinship was legally significant, gradually cognatic kinship began to acquire significance, which as a result became decisive.
The property denotes the legally significant relations of the relatives of the husband and wife among themselves, as well as the relations of the husband with the relatives of the wife and the wife - with the relatives of the husband. The property is important because its presence can prevent marriage or lawsuits in some cases. A spouse is related to his spouse's relatives to the same extent that he is their relative. So, for example, a son-in-law in relation to the father-in-law is a relative of the 1st degree in a straight line, since such is the degree of relationship of his wife in relation to the father-in-law.
Obviously, with the disintegration of the Roman patriarchal family, some of the rights and obligations arising from agnatic kinship withered away; on the other hand, such rights and obligations were established that took into account cognatic kinship. In other words, Roman law changed the emphasis in taking into account the interests of certain blood relatives, nothing more.
Kinship is a blood relationship of persons based on the origin of one person from another or different persons from a common ancestor.
There are two lines of kinship: direct and lateral.
Direct relationship is based on the origin of one person from another.
The direct line of kinship can be descending - from ancestors to descendants (parents, children, grandchildren) and ascending - from descendants to ancestors (grandchildren, children, parents).
Lateral kinship is based on the descent of different individuals from a common ancestor(s). So, for siblings, the common ancestors are the father and mother, or one of the parents. If children are born from common parents, they are called full-blooded. If only one of the parents is common, they are half-blooded. In family law, full and half blood relationship has the same legal meaning.
The current family law attaches importance to the degree of kinship.
The degree of relationship is the number of births preceding the occurrence of relationship between two persons, excluding the birth of their common ancestor.
In family law, only “close” kinship, established in the manner prescribed by law, is legally significant. In a straight line, relationship of the first degree (parents and children) and the second (grandfather, grandmother, grandchildren) are taken into account. And on the side - kinship of the second degree (full and half brothers and sisters). Only the right of the child to communicate with other relatives in addition to parents, grandparents, brothers and sisters, and, accordingly, the right of other relatives to communicate with the child, goes beyond the scope of “close” kinship. The list of these relatives is not defined, and the degree of their relationship with the child is not indicated.
The state of matrimony
The state of matrimony is identical to the marriage relationship. As a rule, husband and wife are not relatives. However, according to the current legislation, it is possible to conclude a marriage between a man and a woman who are related, with the exception of close relationship (Article 14 of the RF IC).
Property state
Property - relations between people arising from the marriage union of one of the relatives: relations between a spouse and relatives of the other spouse, as well as between relatives of spouses.
Property features;
Arises from marriage;
Not based on blood relationship;
Occurs when there are living relatives of the husband and (or) wife. In family law, only property relations between a stepfather (stepmother) and a stepson (stepdaughter) are regulated. It is one of the grounds for receiving maintenance by a stepfather (stepmother) from his stepsons (stepdaughters).
The concept of term in family law
A term is a certain moment or period of time, with the onset or expiration of which the law associates certain legal consequences.
In family law, unlike civil law, there is no separate institution of terms. The rules on terms are contained in the articles regulating various family relations, with the exception of Art. 9 of the Family Code of the Russian Federation, which regulates the application of the limitation period to family relations.
Types of terms in family law
Classification of terms in family law is carried out on various grounds. A.M. Nechaeva subdivides all family law terms into two groups: 1) the terms of the existence of rights and obligations; 2) permissive, prohibitive and binding terms.
One can also consider terms in family law depending on who sets them:-
deadlines provided by law; -
terms set by the court; -
the terms established by the participants of family legal relations.
The procedure for calculating the terms
Family law does not define the procedure for calculating terms. An analysis of the current legislation leads to the conclusion that, as in civil law, the terms in family law are calculated: by the calendar date (in the agreement on the payment of alimony); periods of time (collection of alimony for the past period within 3 years from the date of applying to the court) and an indication of an event that must inevitably occur (termination of the wife's pregnancy as the basis for canceling the restriction of the husband's right to divorce).
Limitation of actions
In the Family Code of the Russian Federation there is no definition of limitation period. It is given in Art. 195 of the Civil Code of the Russian Federation: "The limitation period is the term for protecting the right on the claim of a person whose right has been violated."
In accordance with paragraph 2 of Art. 9SC of the Russian Federation, the application of the limitation period to family legal relations is carried out according to the rules of Art. 198-200 and 202-205 of the Civil Code of the Russian Federation. The essence of these rules is as follows:
Limitation periods and the procedure for their calculation cannot be changed by agreement of the parties;
Claims for the protection of a violated right are accepted for consideration regardless of the expiration of the limitation period;
The court applies the limitation period only on the application of the party to the dispute, made before the court decision;
The beginning of the running of the limitation period is the day when the person knew or should have known about the violation of his right. If the limitation period is established in the RF IC, then its course begins from the time specified in the article of the RF IC;
The grounds for suspension, interruption and restoration of the limitation period are established in Art. 202, 203, 205 of the Civil Code of the Russian Federation.
Limitation periods established by the RF IC
The Family Code of the Russian Federation establishes the following statute of limitations:
One year, during which the spouse, whose notarized consent to the transaction for the disposal of real estate and the transaction requiring notarization and (or) state registration, has not been received, has the right to demand that the transaction be recognized as invalid (clause 3 of article 35 of the RF IC) ;
Three years - for the requirements of the spouses on the division of common matrimonial property (clause 7, article 38 of the RF IC);
A marriage contract is declared invalid as a voidable transaction within one year, the consequences of its invalidity in case of nullity are applied for ten years (clause 1, article 44 of the RF IC, article 181 of the RF Civil Code).
Importance of statute of limitations in family law
Limitation Institute:
Stabilizes the relationship of participants in family relations;
Eliminates uncertainty in relationships by concretizing subjective rights and obligations in court;
Promotes the proper exercise of family rights and obligations;
Ensures the timely collection and presentation of objective evidence to the court;
Facilitates the establishment of objective truth in the case;
Facilitates the adoption of correct decisions on cases considered in court.
Man is a social being: interpersonal connections and the association of people in various kinds of groups speak about this. People marry, give birth to children, entering into a special relationship, called kinship. There are blood and social types of kinship. Relationships can be close or distant. The distance between relatives is determined by the degree of kinship. Who belongs to whom and to whom? How to build a family tree and understand the intricacies of family relationships? You will find answers to these and other questions in our article.
Who are blood relatives?
Blood relationship is otherwise called biological or natural. There are several options for it:
- Direct kinship is established between relatives descended from each other, this is a parent and a child, for example, a mother and daughter.
- If several people are united by a common ancestor, then such relationship is recognized as lateral.
- Two common parents are a sign of a full-blooded relationship, that is, this family relationship between the children of the same couple.
- A half-blooded relative can be considered a person who has the same parent as you. Unfortunately, sometimes families break up, but after a divorce, people can remarry, and new children may appear. For example, if you have a common mother, and her daughter will be your half-sister, and her son will be your half-brother.
Types of social kinship
By getting married, a man and a woman create a new family. By registering their relationship, they bind themselves by marriage. If they have children, then blood ties are established with them, but they remain in social relationship with each other. The relatives of the spouses have the same relationship with each other: mother-in-law, father-in-law, son-in-law, mother-in-law, father-in-law, daughter-in-law - all this is relatives of a social nature.
Another type of social relationship is adoption.
IN Christian families Religious ties between godparents, godfathers and godchildren are also considered social kinship.
Family near and far
Why are some relatives considered close and others distant? What bonds unite people in a family? In order to determine the distance between members of the same family, there is such a thing as the degree of relationship. This provision is difficult to explain by some scientific definition and is much easier to explain in a specific situation. talking plain language, is the connection of one person with another through the birth. The more births between given persons, the greater the degree of relationship. Here are some examples:
- A woman and a boy born to her are connected by one birth, which means that mother and son are a primary connection.
- Grandmother and granddaughter are connected by two births, therefore, there is a second degree of relationship between them.
Related lines
People born from each other, consisting in a series of successive degrees, are usually called a kindred line. If you draw a family tree, then the faces will go one after the other, in a chain. For example, son, father, grandfather, great-grandfather will make up four degrees of the paternal line, and it will be ascending, in descending the same relatives will be designated as father, son, grandson, great-grandson. In addition, the child has a mother branch, which will be drawn in the same way.
How to find out the related degree?
To do this is simple, you just need to calculate how many births separate you from the selected family member. When you are born from a father and mother, you get two persons who are related to you in the first degree, a brother or sister becomes the second degree, and an aunt or uncle becomes the third.
Proof of relationship at distribution
A person can make a will, according to which the inheritance is transferred at his will, and not only the next of kin can be heirs. Such a will can be contested, but for this you need to have evidence of the degree of relationship with the testator. If you happen to be one of the heirs, then you should know that the order of inheritance is determined by the Civil Code of the Russian Federation.
By bequeathing property to direct heirs - children, you can be sure that they will not have problems with its registration. If the will was made in favor of a person who is not a relative, then blood ties do not need to be confirmed. A certificate confirming the right of inheritance is issued in this case without determining the degree of kinship.
Often there are situations when it is necessary to confirm the blood degree of relationship. By law, children are the primary heirs. Sometimes it turns out that the deceased has illegitimate children who also have priority inheritance rights. Evidence can be both documents, such as a birth certificate, and oral testimony. The notary checks the documents of kinship and identifies the heir. In cases where there are no documents confirming the degree of kinship, children may be included in the certificate of inheritance with the consent of other persons who have such evidence.
It is much more difficult to prove the relationship of subsequent degrees. You can confirm that you are the brother or sister of the deceased on the basis of the issued birth certificates, which indicate the name, surname and patronymic of the common parents. The rest of the relatives also have to look for confirmation in the archives of the registry office, making written requests, and collect testimonies from common relatives.
Who's Who: Kinship Terminology
Whom do people become to each other, acquiring family ties? Let's try to figure it out, starting with the simplest. Who are blood relatives?
When a man has children, he becomes their father, a woman in this case acquires the status of a mother. Both of them can be called by the general term - parents. A born male child is a son for them, a girl is a daughter, both of them are children. A boy in relation to other children of his father and mother is called a brother, a girl in such a case is called a sister. The parents of the father and mother are the grandparents, and the children of the son or daughter are the grandson or granddaughter. The prefix "great-" is added to future generations, and relatives are called great-grandfathers, great-grandmothers, great-grandchildren and great-granddaughters.
These connections are simple and understandable to everyone. The situation is more complicated with blood relatives not in a straight line. Children of sisters and brothers are cousins to each other, children of cousins are second cousins, and so on. Your mother's or father's brother will be your uncle, and your sister will be your aunt.
New family - new family
Even more confusion arises in kinship through marriage. By creating a family, a man and a woman become spouses, being husband and wife to each other. The husband's father and mother are called father-in-law and mother-in-law, and the wife's parents are called father-in-law and mother-in-law. In relation to the parents of the spouses, the married are called son-in-law and daughter-in-law (daughter-in-law). The parents of the husband and wife are matchmakers to each other.
In the person of her husband's brother and sister, a woman acquires a brother-in-law and a sister-in-law, and the wife's brother and sister become a brother-in-law and sister-in-law for a man.
The Tree of Life: From Branches to Roots
A family tree is a schematic representation of a family tree. Who is it for? Firstly, a person does this for himself, studying the history of his family, his relatives, living and long gone. Such a scheme will be interesting for children, so they can understand who they came from, learn more about the generations of their ancestors.
How to draw up a pedigree chart?
First you need to collect as much information as possible about relatives and your family. It happens that people do not know who their grandfathers and great-grandfathers were. This situation arises when a newly created family arises far from the places where the ancestors lived. For this information, you can contact your parents or other older family members. With the right information, you can start creating your family tree.
First of all, state your name. It is better to arrange it so that there is room around it for everyone else. It will be most convenient to occupy the upper part of the sheet approximately in the middle. If you have children and grandchildren, step back a little from above, leaving room for them. Depicting relatives on the diagram, you will sink lower and lower to your roots - ancestors. You can place your name at the bottom of the sheet, then the branches will diverge upward.
The second step will be the location in the family tree of the parents with whom you have the first degree of relationship. Write their names above or below your cell, connect them to you by drawing arrows or lines to them. These are your next of kin. If you have more than two parents, include all of them. Your stepmother or stepfather will be reflected on the same level as the biological father and mother.
After that, place next to, on the same level with your name, blood and half brothers and sisters, also linking them to their parents. If they have wives, husbands or children, you can include them as well. The names of the spouses are next, and the children are higher or lower, depending on the direction you choose. Connect them with lines.
At the next level, indicate the parents of the father and mother, that is, your grandparents. From them, arrows will return to the previous level, leading to the names of the brothers or sisters of the mother or father, who are your aunts and uncles and are on the same level as your parents. Their wives and husbands will be listed next to them, and their children will be on the same level as you, as they are your cousins.
Continue filling the tree, sequentially including relatives known to you, until you have placed all of them.
Advantages of a computer family tree
In our mobile age, filled with computers, it is not at all necessary to draw a pedigree with pen and paper, you can trust it special programs to create a family tree. There are many similar products, some of them are distributed completely free of charge.
Such a program is able to attach not only photos, but also video and audio recordings, it can search the Internet for matches in places, dates, events - your family tree may have data in common with other people's schemes. A questionnaire is added to each family member, where you can enter anything - from a description of appearance, contact details and documents to interesting facts from the biography. The programs are easy to use and understand even for inexperienced users. In addition, they are equipped with tips to help you fill in the information correctly and enter the data.
The pedigree can be displayed in the program as a table, in which the degree of relationship is reflected verbally, or as a diagram, where the relationships are expressed graphically.
Almost all programs have a print option. It is needed in order to transfer your creation from an electronic version to a paper one. Some programs offer several design templates to choose from. By choosing one of them, you can make your family tree not only informative, but also outwardly attractive.
Among such programs, the most popular are such products of foreign developers as GenoPro, GRAMPS, RootsMagic, SimTree, Family Tree Builder. There is also a Russian analogue - the Tree of Life program.
The difficulty that lies in wait for a novice genealogist is the need to understand the numerous family ties.
Kinship is the connection between male and female family members descended from one common ancestor. If there is only one ancestor, the relationship is considered to be consanguineous or homogeneous. If one genus comes into contact with another through a marriage union, the kinship is called property or heterogeneous kinship. In addition to these two types of kinship, there is also spiritual kinship.
The proximity of kinship is determined by lines and degrees.
A chain of births that continues uninterruptedly constitutes a kindred line, which is either ascending, or descending, or lateral.
Our society is dominated by the paired family (husband, wife, children). All other forms of consanguinity are regarded as derived from them. “Sister-in-law”, “brother-in-law”, “brother-in-law”, “son-in-law”, “matchmakers” and other terms of kinship are not a random collection of words, but a certain system of genealogical connections and relations of relatives.
- consanguinity in ascending and descending lines (within the same family). It is a direct relationship: son - father, grandfather - grandson, great-grandson - great-grandfather, etc.
- lateral relationship (it can also be ascending and descending).
Both consanguinity and lateral kinship are calculated by degrees. The birth of one person from another constitutes a degree.
In consanguinity, degrees are considered along the lines: ascending, descending and lateral.
- the ascending line goes from the given person to the father, grandfather, great-grandfather and above. Four lines of kinship ascending from me to my great-grandfather show that I am related to him in the fourth degree.
- the descending line goes from a given person to a son, grandson, great-grandson and beyond. Each such line constitutes a degree: thus, my great-grandson is in the third degree of kinship to me.
- lateral lines are of three types. The first lateral line from the first ascending degree, i.e. from the father and mother of a given person to a brother or sister, then to a nephew. I am a father - my brother is my brother's son (my nephew). I am the father - my sister is the son of my sister (my nephew).
The second lateral line is from the second ascending degree, i.e. from the grandfather and grandmother to the uncle or aunt of a given person, from him to a cousin or sister.
There may be a third and fourth side lines.
property (kinship by marriage) is two-kind: it includes relatives of a given person and his wife, and three-kind - relatives of a given person and relatives of his brother's wife
Currently, the Russian kinship system covers 16 property terms: husband: - wife - father-in-law - mother-in-law - father-in-law - mother-in-law - son-in-law (husband: daughter, sister's husband) - daughter-in-law (son's wife, if "I" is a man), daughter-in-law (wife son, brother's wife, husband's brother's wife, if "I" is a woman) - brother-in-law (husband's brother) - sister-in-law (husband's sister), brother-in-law (wife's brother) - sister-in-law (wife's sister) - brother-in-law (wife's sister's husband) - matchmaker ( father of daughter's husband or son's wife) - matchmaker (mother of daughter's husband or son's wife).
What are the main differences between this system of consanguinity? Not every relationship has its own appropriate term. For example, the wife's brother is a brother-in-law, but there is no special term for the brother-in-law's son.
Some terms, such as son-in-law and daughter-in-law, are ambiguous. This system is somewhat asymmetric: the husband of the sister-in-law is the brother-in-law, the wife of the brother-in-law is the daughter-in-law, but the wife of the brother-in-law and the husband of the sister-in-law are not named in any way. This system of family ties does not have that regularity, "algebraism", which is observed in terms of the kinship system, where kinship relations are expressed by adding "great" and "cousin".
In order to more fully present the picture of the Russian system of kinship, it is necessary to present another system of current terms related to remarriage. In this system, the first two terms are the result of "my" remarriage, the rest are the result of the marriage of my parents:
Stepson (son of a husband or wife from a previous marriage) - stepdaughter (daughter of a wife or husband from a previous marriage).
Stepfather (new husband: mother) - stepmother (father's new wife) - half-brother (my father's son by another mother), half-sister (my father's daughter by another mother), half-brother (my mother's son by another father), half-sister (daughter of my mother from another father), half-brother (son of stepmother or stepfather), half-sister (daughter of stepmother or stepfather).
There are some rules that must be observed and accepted when calculating kinship.
- Husband and wife are one flesh, so there is no separate degree of relationship between them.
- Siblings always rely in the second degree to each other, no matter how many there are.
- Children from the same father, but different mothers (consanguineous) or from the same mother, but from different fathers (similar), are considered among themselves as relatives.
- Related persons of the female line are considered in the same order and in the same degrees as in the male line.
Let's bring keywords each type of relationship (in alphabetical order).
BLOOD RELATIONS
- GRANDMA, GRANDMA - the mother of the father or mother, the wife of the grandfather
- BROTHER - each of the sons of the same parents
- GRANDSON - the son of a daughter, a son, as well as the sons of a nephew or niece
- Granddaughter - daughter of a son, daughter, as well as a nephew or niece
- GRANDFATHER, grandfather - the father of the mother or father
- UNCLE, uncle - brother of the father or mother, as well as the husband of an aunt
- NEPHEW - son of a brother or sister
- NIECE - the daughter of a brother or sister
- Ancestors - the first couple known from the pedigree, from which the genus originates
- PRASCHUR - the parent of a great-great-grandfather, great-great-grandmother, a distant ancestor
- ancestor - the first known representative of the genus from which the surname is derived
- SISTER - each of the daughters of one parent
- Aunt Aunt, aunt, is the sister of the father or mother, as well as the uncle's wife.
DETERMINATION OF RELATIONSHIP
- GRANDFATHER - about kinship coming from the third tribe
- Cousin - about kinship coming from the second tribe
- half-blooded - descended from the same father, but different mothers
- SINGLE WOMEN - Born by the same mother but from a different father
- BLOOD - about kinship within the same family, from the same parents
- NATIVE - about the origin from the same parents
- CONSOLIDATED - having a brother or sister by stepfather or stepmother.
- TOP Cousin - the same as grandchild.
PROPERTY (RELATIONSHIP BY MARRIAGE):
- WIDOW - a woman who has not remarried after the death of her husband
- Widower - a man who has not remarried after the death of his wife
- DEVER - husband's brother
- GIRL, girl - unmarried, girl
- GROOM - conspiring his bride
- SIS-IN-SISTER - husband's sister
- Son-in-law - husband of daughter, sister, sister-in-law
- Bride - son's wife (for a woman)
- SWAT, SVATIA - the parents of the newlyweds and their relatives in relation to each other
- SVEKOR - husband's father
- mother-in-law - husband's mother
- IN-FAMILY - men married to sisters
- SNOHA - son's wife (for a man)
- SPOUSE, WIFE - husband and wife
- Father-in-law, mother-in-law - the father and mother of the wife
- SHURIN - brother of the wife
CLOSE UNRELATED RELATIONSHIPS (spiritual relationship)
- GODDOM BROTHER - godfather's son
- DAUGHTER NAMED - adopted, pupil
- KOKA - the recipient from the font, godmother (Ural)
- GODSNIK - the son of the godfather in relation to
- godparents
- Goddaughter - godmother's daughter in relation to the godchildren
- KUM - godfather in relation to the parents of the godson and godmother
- KUMA - godmother in relation to the parents of the godson and the godfather, affectionately - gossip
- MOTHER GODDESS - the recipient at the rite of baptism
- MOTHER NAMED - mother adopted, pupil
- MOTHER PLANTED - a woman who replaces the groom's mother at the wedding
- STEPMOM - father's other wife, stepmother
- FATHER GODFUL godfather at the font
- FATHER NAMED - adopted father
- FATHER PLANTED - a person acting instead of his own father at a wedding
- STEPFATH - mother's other husband, stepfather
- STEPDAUGHTER - daughter from another marriage in relation to a stepparent
- STEPSON - step son of one of the spouses
- FOSTER - a child adopted or adopted
CONSOLIDATED
- ADOPTED siblings from different parents
- ADOPTED - adopted into the family as a son
Exactly at Civil Code of the Russian Federation The order of succession is very clearly defined.
Moreover, the next line of heirs cannot inherit if at least one relative from the previous line can inherit. That is, if the testator has no one left, but only one son, then he will be the only heir.
So, the inheritance acceptance queues:
- First line of heirs – spouse, children and parents of the deceased. The children whom the deceased adopted or adopted are equated to them, and the adoptive parents themselves also belong to the first line of inheritance. Moreover, an adopted child cannot become the heir of his biological parents. This can only happen by a court order.
It happens that the testator has unborn children. In this case, all property will be divided only after his birth. If the heirs of the first line are not alive or they are recognized as unworthy, then their successors, that is, the grandchildren of the deceased, can receive the inheritance.
- Second line of heirs – these are sisters, brothers, relatives and steps (by mother or father), grandparents. If, during the opening of the inheritance, the deceased has no relatives in the second line, then their children, that is, the nephews of the deceased, can become their successors.
- Third line of heirs – these are sisters and brothers of the parents of the deceased, aunts, uncles, both relatives and half. And as in the previous lines, if there is no one left alive, then their children, that is, cousins of the deceased, can accept the inheritance.
- 4th line - great-grandparents
- 5th line - cousins or grandchildren,
- 6th line - great-great-grandchildren and nephews, cousins aunts and uncles
- 7 line - stepchildren and stepdaughters who are not related to the deceased and he did not adopt them, as well as stepfathers and stepmothers.
- And the last one 8 line line of inheritance they are dependents who lived with the deceased and were not his relatives, and then if they lived with the deceased for at least a year.
