General Rule of Law in the Wizard World & Sirius Estate

a_svirn a_svirn at yahoo.com
Sun Jul 10 18:17:07 UTC 2005


No: HPFGUIDX 132387

 
> bboyminn:
<snip> On another issue, since in OLD English Common Law, 
inheritance by the
> eldest son (eldest male relative) was the default, it represents a
> strong enough legal precendent that Sirius would have inherited the
> Black Family Estate even though he was disowned and a prisoner at 
the
> time. 

a_svirn:

Now, this is simply wrong. The conception of freedom of disposition 
by will IS part of Common Law. Unlike in the Civil Law were there 
are indeed some restrictions that often make it impossible to 
disinherit say, the eldest son. 

> bboyminn:

>> 
> On the issue of Draco, Narcissa's status and position in the family
> means nothing, since males are given preference, it's the fact that
> Draco is the only (known) living male who still has Black blood
> flowing in his veins that makes Draco the next likely heir. 

a_svirn:

Well, I don't know about the Wizarding Law, but under Common Law no, 
it does not. Common Law concerns only descendents. As you yourself 
say it only descends, never ascends.   


 > bboyminn:
> 
> Later Common Law and modern law do not necessarily follow this
> principle unless there are specific entailments attached to a will,
> land, title, etc... 

a_svirn:

Again you got it wrong. Entailments are NOT part of Common Law. They 
are Civil Law. 






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