Legal Definitions - in proximo gradu

IN PROXIMO GRADU

In proximo gradu (in the nearest degree) is a Latin term used in Roman law to describe the relationship between a child and their father or a grandchild and their grandfather if the grandchild is representing their deceased father.

If a father dies, leaving behind two sons, the property will be divided between the sons in proximo gradu, meaning equally between them. If one of the sons has died, leaving behind a child, then the grandchild will inherit their deceased father's share in proximo gradu, meaning they will receive an equal share as the surviving son.

Another example is if a grandfather dies, leaving behind two grandchildren, one of whom is the child of his deceased son. The property will be divided in proximo gradu, meaning the surviving grandchild will receive half of the property, and the grandchild representing their deceased father will receive the other half.

These examples illustrate how in proximo gradu is used to determine the distribution of property based on the nearest degree of relationship to the deceased.