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Home - LONANG Library - Hugo Grotius - Law of War and Peace
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BOOK 2, CHAPTER 7On Derivative Acquisition of Property Which Takes Place in Accordance With Law; and Herein, Intestate SuccessionI. That certain laws of states are unjust and therefore do not transfer ownership; such as those which confiscate the goods of shipwrecked persons in favor of the state treasury.II. That according to the law of nature property is Justly acquired by a man who has received another's property to satisfy a debt; when this may take place.III. How intestate succession has its origin in nature.IV. Whether any of the property of parents is due to children according to the law of nature; explanation, with a distinction.V. That in a succession children are preferred to the father and mother of the deceased, and why.VI. The origin of vicarious succession, which is called representation, or succession in the place of and with the rights of another.VII. On abdication and disinheritance.VIII. Concerning the rights of illegitimate children.IX. When there is neither a will nor a precise law covering the matter, if there are no children the ancestral property should be returned to those from whom it came, or to their children.X. Possessions recently acquired go to the nearest relatives.XI. Diversity of laws about succession.XII. What is the manner of succession in hereditary kingdoms.XIII. That if hereditary kingdoms are indivisible the eldest child is given preference.XIV. That in case of doubt a kingdom which is hereditary only with the consent of the people is indivisible.XV. That the right to such kingdoms does not continue beyond the last descendants of the first king.XVI. That in such kingdoms illegitimate children have no right of succession.XVII. That in such a kingdom male descendants are preferred to female descendants of the same degree of relationship.XVIII. That among the male descendants the eldest is given preference.XIX. Whether such a kingdom is a part of an inheritance.XX. That the presumption is that such a form of succession was established in the kingship as was customary in other things at the time of the founding of the kingdom. First, if the royal power is free from rights of tenure.XXI. Secondly, if the royal power is held as a fief.XXII. What cognate lineal succession is; and of what character the transmission of right in it is.XXIII. What agnate lineal succession is.XXIV. The succession in which nearness of relationship to the first king is always considered.XXV. Whether a son can be disinherited in respect to succession to the throne.XXVI. Whether any one can abdicate the throne for himself and his children.XXVII. Absolute decision regarding the succession belongs neither to the king nor the people.XXVIII. That a son born before the father came to the throne should have preference over one born afterward.XXIX. The rule stated holds unless it appears that the kingship was conferred under a different condition.XXX. The question whether the son of an older son is to be given preference to a younger son; explanation, with a distinction.XXXI. Likewise, whether a surviving younger brother of the king ought to be given preference over the son of an older brother.XXXII. Whether the son of a brother should be preferred to an uncle of the king.XXXIII. Whether the son of a son should have preference over the daughter of a king.XXXIV. Whether a younger grandson, born of a son, has preference over an older grandson, born of a daughter.XXXV. Whether a granddaughter born of an older son should be preferred to a younger son.XXXVI. Whether the son of a sister ought to be preferred to the daughter of a brother.XXXVII. Whether the daughter of an older brother takes precedence over a younger brother. |
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