Quod Deus Opt. Max. bene vertat: Ex decreto et authoritate amplissimi Iurisconsultorum Ordinis in inclyta & celeberrima Basiliensium Academia, pro insigniis & privilegiis Doctoralibus in U.I. consequendis, De Successionibus ab Intestato & cognationis gradibus, eorumque computatione, subsequentes Conclusiones

legitimate children, just as if they had descended from legitimate marriage. If there are no just and legitimate heirs, they also succeed to an illustrious mother referring to a noble woman by intestacy.

XXXIIII.

Those born of incest, infamy, adultery, or illicit unions do not succeed even to their mothers, nor are they to be supported by their parents: though this has been changed by canonical equity a principle in Canon law that moderates the strictness of civil law.

XXXV.

A person accused of treason original: "perduellio" (a crime against the state) does not have children as successors, not even natural ones, contrary to the opinion of some; since his inheritance is confiscated to the treasury. However, it is a question whether the penalties of the law quisquis a specific Roman law regarding treason apply also to children born before the offense. We adhere to the negative, as it is milder and more benign, even if it is against the common opinion.

XXXVI.

We have shown how children, who are called to the inheritance both by nature and by the will of their parents, succeed to their parents: now let us see regarding the sad and mournful succession of parents.

XXXVII.

If, therefore, the deceased leaves no descendants as heirs, but only a father and mother or other ascendants remain, it is fair that these be preferred to all collateral relatives relatives from a side line, like siblings or uncles.

XXXVIII.

In this succession of parents, the prerogative of degree is always observed, and there is no place for representation the right of a descendant to stand in the place of a deceased parent.

XXXIX.

If, however, they are in an equal degree, they succeed equally; the father’s side receiving one half and the mother’s side the other half, even if their number is unequal.

XL.

With this established, the opinion of those who prefer ascendants through the paternal line in goods acquired from the father over maternal parents, and vice versa, collapses and is deservedly disapproved.

XLI.

It must be noted, however, here, that the father, even if he takes equal parts in the son's goods with the mother; nevertheless, he does not lose the usufruct the right to use and profit from property without owning it of those goods which he previously possessed.