Jus relictae
In Scots law, jus relictae is the right of the surviving spouse in the moveable property of the deceased spouse.[1] Jus relictae is the term used for a surviving wife, and jus relicti is the term used for a surviving husband.[2] The similar right for any surviving children is referred to as legitim.
The deceased must have been
Additional explanations
Prior to 1964 the surviving spouse also has a right of terce (not the same as the religious term terce) on the deceased spouse's lands.[2] Thus, under Scots law, both moveable and heritable property were subject to the rights of a surviving spouse and children. However, section 10(1) of the Succession (Scotland) Act 1964 abolished the common law rights of 'terce' and 'courtesy'.[3] Only jus relictae, jus relicti and legitim remain.
The legal principles of jus relictae and legitime also remain active in the US state of Louisiana,[4] which differs from the other 49 states as it operates under a civil law code similar to the Napoleonic code and Roman law rather than common law.
References
- ^ a b public domain: Chisholm, Hugh, ed. (1911). "Jus Relictae". Encyclopædia Britannica. Vol. 15 (11th ed.). Cambridge University Press. p. 593. This article incorporates text from a publication now in the
- ^ ISBN 9780748638864.
- ^ "Succession (Scotland) Act 1964 Part II Section 10". legislation.gov.uk. Retrieved 2 December 2017.
- ISBN 9789350353233.
- Bell, William (1861). Dictionary and Digest, Law of Scotland, with Short Explanations of the most Ordinary English Law Terms (Revised and Corrected with Numerous Additions by George Ross ed.). Edinburgh: Bell & Bradfute.
- Shumaker, Walter A.; George Foster Longsdorf (1922). The Cyclopedic Law Dictionary (Second Edition by James C. Cahill ed.). Chicago: Callaghan and Company.
- "Scottish Language Dictionaries". Archived from the original on 20 February 2008. Retrieved 1 March 2008.
- "Legal rights: introduction". HM Revenue and Customs. Retrieved 28 November 2007.