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Doctrine

Legitime

Contract and Property Doctrine

Legitime is a principle of civil law and Roman law systems that limits a person's freedom to dispose of property by will, reserving a fixed portion of the estate that cannot be withheld from children or parents without a legally recognized cause. The term derives from the French heritier legitime, meaning rightful heir, and scholars trace the underlying concept to Greek law, from which it is thought the Romans borrowed it. In practice, legitime operates as a mandatory statutory share of a deceased person's estate that passes to the designated heirs in equal undivided portions, and this reserved share cannot be reduced to enlarge the portion left to a spouse or any other beneficiary, so a testator cannot defeat it through special gifts or by naming an alternative sole beneficiary. Bypassing an heir entitled to the legitime amounts to either preterition, an omission, or disinheritance, an express deprivation, and both are treated as violations of the doctrine. This description is adapted from Wikipedia contributors under CC BY-SA 4.0; changes were made. https://creativecommons.org/licenses/by-sa/4.0/

Facts
Core Principle
A portion of a decedent's estate that cannot be withheld from their children or parents without sufficient legal cause. 1
Origin Period
Origin Period (category)
Roman Law 1
Classification
Doctrine Category
Property Law 2
Connections

In Area Of Law

In Legal System

Source Legitime (Wikipedia)
Sources
1. Legitime (Wikipedia)
  • Introduction, first paragraph
    that portion of the estate from which they cannot disinherit their children, or their parents, without sufficient legal cause
  • Lead paragraph
    In civil law and Roman law, the legitime (legitima portio), also known as a forced share or legal right share, of a decedent's estate is that portion of the estate from which they cannot disinherit their children, or their parents, without sufficient legal cause.
  • In Group: Succession, Family Property and Representation Doctrines, Introduction, sentence 1
    In civil law and Roman law, the legitime (legitima portio), also known as a forced share or legal right share, of a decedent's estate is that portion of the estate from which they cannot disinherit their children, or their parents, without sufficient legal cause.
View the Source
2. Wikipedia: Legitime
the portion of the estate from which a decedent cannot disinherit their children or parents without sufficient legal causeView the Source
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