Jus relictae
Encyclopedia
Jus relictae: The right of the surviving spouse in the movable goods
of the deceased spouse.
Jus relictae is the term used for a surviving wife, and jus relicti is the term used for a surviving husband. The similar right for any surviving children is referred to as legitim
.
The deceased must have been domicile
d in Scotland
, but the right accrues from movable property, wherever situated. The surviving spouse's right vests by survivance, and is independent of the deceased spouse's testamentary provisions; it may however be renounced by contract, or be discharged by satisfaction. It is subject to alienation of the deceased spouse's movable estate during his lifetime or by its conversion into heritage
.
The definition was constructed from the sources.
(not the same as the religious term terce
) on the deceased spouse's lands. Thus, under Scots law
, both movable and immovable property are subject to the rights of a surviving spouse and children.
The legal principles of jus relictae and legitime also remain active in the US state of Louisiana, which differs from the other 49 states as it operates under the Napoleonic code rather than common law.
Personal property
Personal property, roughly speaking, is private property that is moveable, as opposed to real property or real estate. In the common law systems personal property may also be called chattels or personalty. In the civil law systems personal property is often called movable property or movables - any...
of the deceased spouse.
Jus relictae is the term used for a surviving wife, and jus relicti is the term used for a surviving husband. The similar right for any surviving children is referred to as legitim
Legitime
In Civil law and Roman law, the legitime , or forced share, of a decedent's estate is that portion of the estate from which he cannot disinherit his children, or his parents, without sufficient legal cause...
.
The deceased must have been domicile
Domicile
*In architecture, a general term for a place of residence or "permanent residence" in legal terms*Domicile , the zodiac sign over which a planet has rulership...
d in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
, but the right accrues from movable property, wherever situated. The surviving spouse's right vests by survivance, and is independent of the deceased spouse's testamentary provisions; it may however be renounced by contract, or be discharged by satisfaction. It is subject to alienation of the deceased spouse's movable estate during his lifetime or by its conversion into heritage
Inheritance
Inheritance is the practice of passing on property, titles, debts, rights and obligations upon the death of an individual. It has long played an important role in human societies...
.
The definition was constructed from the sources.
Additional explanations
The surviving spouse also has a right of terceTerce
Terce, or Third Hour, is a fixed time of prayer of the Divine Office of almost all the Christian liturgies. It consists mainly of psalms and is said at 9 a.m. Its name comes from Latin and refers to the third hour of the day after dawn....
(not the same as the religious term terce
Terce
Terce, or Third Hour, is a fixed time of prayer of the Divine Office of almost all the Christian liturgies. It consists mainly of psalms and is said at 9 a.m. Its name comes from Latin and refers to the third hour of the day after dawn....
) on the deceased spouse's lands. Thus, under Scots law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
, both movable and immovable property are subject to the rights of a surviving spouse and children.
The legal principles of jus relictae and legitime also remain active in the US state of Louisiana, which differs from the other 49 states as it operates under the Napoleonic code rather than common law.