Parentele

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Parentel or Parentele ( Latin parens - parent or parentes - parents) is a term of inheritance law .

history

A parentel (lat. Parentela) was in German law of the Middle Ages the totality of those connected by the next common ancestor. Thereafter, the first Parentel form the deceased and its progeny, the second of the father and the siblings of the deceased together with its progeny, which are connected by the grandfather of the deceased, etc. Then, the established particularly in Lehnswesen usual Parentelordnung (Parentelensystem, ruler-Gradualerbfolge) according to which the right of inheritance was determined by the proximity of the parents and within the latter by the proximity of the degree. Roman law understood by respectus parentelae the relationship between those relatives (unions, aunts) who are only one degree away from the common relative to those (nephews, nieces) who are several degrees away from them. The German Civil Code (BGB) uses the synonym order instead when determining the legal succession . A parentel (order) is a totality of people who all descend from a common person (ancestor), including the person himself and those people who are related to him only through their descendants. Exception: For example, in the second order, both parents of the testator belong to a parentele, contrary to the above definition, although they are neither related to one another nor are they descended from one another. Only in the first order, which includes the descendants of the testator, is the partner with whom children were conceived not included in the order. If he is a spouse, he has his own statutory spousal inheritance right .

sense

By dividing the relatives of the testator into orders (so-called parental system) and establishing a ranking of these orders, German inheritance law, in conjunction with other principles, regulates the legal succession , i.e. the distribution of the estate among the relatives of the testator in the event that he did not determine the distribution by will itself. The task of the parent system is to filter out all those people who do not inherit. According to § 1930 BGB, a relative is not called to succession as long as only one relative of a previous order was alive when the inheritance occurred. This means that the 1st order, ie the youngest generation, is preferred, which as a rule also corresponds to the presumed will of the testator. Lives z. For example, if only one child or grandson of the testator dies, he or she excludes all persons of the higher orders from the succession.

literature