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A monarchy is a form of government in which a person, the monarch, is head of state for life or until abdication. The political legitimacy and authority of the monarch may vary from restricted and largely symbolic, to fully autocratic, and can span across executive, legislative, and judicial domains.
John I, called the Posthumous, was King of France and Navarre, as the posthumous son and successor of Louis X, for the four days he lived in 1316. He is the youngest person to be king of France, the only one to have borne that title from birth, and the only one to hold the title for his entire life. His reign is the shortest of any undisputed French king. Although considered a king today, his status was not recognized until chroniclers and historians in later centuries began numbering John II, thereby acknowledging John I's brief reign.
Primogeniture is the right, by law or custom, of the firstborn legitimate child to inherit the parent's entire or main estate in preference to shared inheritance among all or some children, any illegitimate child or any collateral relative. In most contexts, it means the inheritance of the firstborn son ; it can also mean by the firstborn daughter, or firstborn child.
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.
A legal fiction is a fact assumed or created by courts, which is then used in order to help reach a decision or to apply a legal rule.
For most of its history, China was organized into various dynastic states under the rule of hereditary monarchs. Beginning with the establishment of dynastic rule by Yu the Great c. 2070 BC, and ending with the abdication of the Xuantong Emperor in AD 1912, Chinese historiography came to organize itself around the succession of monarchical dynasties. Besides those established by the dominant Han ethnic group or its spiritual Huaxia predecessors, dynasties throughout Chinese history were also founded by non-Han peoples.
Legitimacy, in traditional Western common law, is the status of a child born to parents who are legally married to each other, and of a child conceived before the parents obtain a legal divorce. Conversely, illegitimacy, also known as bastardy, has been the status of a child born outside marriage, such a child being known as a bastard, a love child, a natural child, or illegitimate. In Scots law, the terms natural son and natural daughter carry the same implications.
Restoring the Lost Constitution: The Presumption of Liberty is a 2003 book about the United States Constitution written by Randy Barnett, a professor of law at the Georgetown University Law Center. In the book, Barnett outlines his theory of constitutional legitimacy, interpretation, and construction. He argues that the Constitution should be interpreted by its "original meaning", distinct from the Founding Fathers' original intent.
Succession to the British throne is determined by descent, sex, legitimacy, and religion. Under common law, the Crown is inherited by a sovereign's children or by a childless sovereign's nearest collateral line. The Bill of Rights 1689 and the Act of Settlement 1701 restrict succession to the throne to the legitimate Protestant descendants of Sophia of Hanover who are in "communion with the Church of England". Spouses of Catholics were disqualified from 1689 until the law was amended in 2015. Protestant descendants of those excluded for being Roman Catholics are eligible.
In law, a presumption is an "inference of a particular fact". There are two types of presumptions: rebuttable presumptions and irrebuttable presumptions. A rebuttable presumption will either shift the burden of production or the burden of proof ; in short, a fact finder can reject a rebuttable presumption based on other evidence. Conversely, a conclusive/irrebuttable presumption cannot be challenged by contradictory facts or evidence. Sometimes, a presumption must be triggered by a predicate fact—that is, the fact must be found before the presumption applies.
The tender years doctrine is a legal principle in family law since the late 19th century. In common law, it presumes that during a child's "tender" years, the mother should have custody of the child. The doctrine often arises in divorce proceedings.
In Judaism, the presumption of priestly descent is the presumption that a Jewish man is a priest (kohen), based not on genealogical records of descent from Aaron or on Jewish court rulings, but rather by observation of his priestly behavior as recognized by his peers and community. Such an individual is called a kohen muhzak.
Cohabitation in India is legal. It is prevalent mostly among the people living in metro cities in India.
Presumption of paternity in paternity law and common law is the legal determination that a man is "presumed to be" a child's biological father without additional supportive evidence, usually as a result of marriage.
The law of persons in South Africa regulates the birth, private-law status and the death of a natural person. It determines the requirements and qualifications for legal subjectivity in South Africa, and the rights and responsibilities that attach to it.
The South African law of succession prescribes the rules which determine the devolution of a person's estate after his death, and all matters incidental thereto. It identifies the beneficiaries who are entitled to succeed to the deceased's estate, and the extent of the benefits they are to receive, and determines the different rights and duties that persons may have in a deceased's estate. It forms part of private law.
Presumption in the canon law of the Catholic Church is a term signifying a reasonable conjecture concerning something doubtful, drawn from arguments and appearances, which by the force of circumstances can be accepted as a proof. It is on this presumption our common adage is based: "Possession is nine points of the law". Presumption has its place in canon law only when positive proofs are wanting, and yet the formulation of some judgment is necessary. It is never in itself an absolute proof, as it only presumes that something is true. Canonists divide presumption into:
- presumption of law (juris), or that which is deduced from some legal precept or authority expressed in law or based upon precedents or similarities, and
- presumption of a judge or man, when the law is silent on the subject and an opinion must be formed according to the way that circumstances and indications would affect a prudent man or judge.
Recognition is the process in some jurisdictions whereby a man is recognised as the father of a child in situations of no presumption of paternity, generally because the mother is unwed. Historically, the Roman law principle of mater semper certa est causes the action was not available to mothers, but the introduction of in-vitro fertilisation has changed that to change. Recognition is an act that confers legitimacy on the child.
Istiṣḥāb is an Islamic term used in the jurisprudence to denote the principle of the presumption of continuity. It is derived from an Arabic word suhbah meaning accompany. It is one of the fundamental principles of the legal deduction that presumes the continuation of a fact. It is based on probability and can be applied in the absence of other proofs.
Michael H. v. Gerald D., 491 U.S. 110 (1989), was a case decided by the Supreme Court of the United States involving substantive due process in the context of paternity law. Splitting five to four, the Court rejected a challenge to a California law that presumed that a married woman's child was a product of that marriage, holding that the due-process rights of a man who claimed to be a child's biological father had not been violated.
References
- ↑ "The Presumption of Legitimacy" . Retrieved June 12, 2010.
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