Legal Definitions - cujus haeredibus maxime prospicitur

Definition: Cujus haeredibus maxime prospicitur is a Latin term that means "whose heirs are chiefly regarded." It is a rule of construction used to determine who holds the fee of a property based on the terms of a destination. The general rule is that the person whose heirs are preferred is the fiar.

Example: If a property is conveyed to "A and B jointly, and the heirs of B," A only has a joint right of liferent, while B holds the fee. B is considered the fiar, and his rights cannot be affected by any actions of A, even if they are onerous.

This Latin maxim is used in legal contexts to determine who holds the fee of a property. It is important to understand this rule of construction when interpreting the terms of a destination to avoid any confusion or disputes over property ownership.