Theses ex materia successionis ab intestato

children. We, however, will demonstrate that they think wrongly.

XIIII.

That rule, that the nearer in degree excludes the more remote, does not have a place among descendants, although Angelus Angelus de Ubaldis, 1327–1400, Italian jurist feels that the right of representation should not be extended beyond great-grandchildren. We, however, think that the opposite should be held for certain reasons.

XV.

Nor is the condition different for those legitimated by a subsequent marriage, because they succeed in the same way as those who are truly legitimate and natural, whether they were begotten before the marriage was contracted or while the marriage was ongoing, provided that marriage contracts intervene, although we would say otherwise according to Canon Law.

XVI.

It is, however, of greater difficulty whether such children also succeed in a fief. By reason of equity, it has seemed that they are not to be excluded even in feudal matters, even if the fief was granted for you and your legitimately born sons.

XVII.

A child offered to the court succeeds to the father together with those born legitimately.

XVIII.

Those legitimated by a rescriptum principis an imperial decree granting a legal favor succeed only when natural and legitimate children do not exist at the same time.

XIX.

Legitimate-only sons, that is, those adopted by a stranger, succeed to an adoptive father by intestacy just as a natural and legitimate son.

XX.

It is of undoubted law, however, that these are to be repelled from the succession of fiefs.