Legal Definitions - hereditas

HEREDITAS

Hereditas is a Latin term that has several meanings:

1. In Roman law, it refers to an inheritance by universal succession to a decedent, whether the decedent died testate or intestate, and whether in trust or not.
2. In history, it refers to an estate transmissible by descent.

Examples:

• Hereditas damnosa: A burdensome inheritance where the debts exceed the assets.
• Hereditas jacens: Property belonging to an estate before an heir accepts it.
• Hereditas legitima: A succession or inheritance devolving by operation of law rather than by will.
• Hereditas luctuosa: A sad or mournful inheritance that disturbs the natural order of mortality, such as a parent inheriting a child's estate.
• Hereditas paterna: A succession that descends through the father.
• Hereditas testamentaria: Succession to an estate under a decedent's will.

These examples illustrate the different types of inheritances that can occur, such as a burdensome inheritance with more debts than assets, or a sad inheritance that goes against the natural order of mortality. Hereditas paterna refers to a succession that descends through the father, while hereditas testamentaria refers to a succession under a decedent's will.