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The exceptions are Spain and Monaco (male-preference primogeniture) along with Liechtenstein (agnatic primogeniture). English primogeniture endures mainly in titles of nobility: any first-placed direct male-line descendant (e.g. eldest son's son's son) inherits the title before siblings and similar, this being termed "by right of substitution ...
It was almost always organized around principles of male primogeniture. The Spanish mayorazgo and the Portuguese morgado also resembled the Continental fideicommissum more than the noble customs of Great Britain and most French regions; noble customs of primogeniture in these countries were more ancient and thus took different legal forms ...
Family rank refers to the status of family members within the family group. In customary law, males held a higher rank than their female counterparts. A person's rank was ultimately determined by the principle of primogeniture. On the basis of that principle, oldest sons always had a higher rank than younger brothers and all sisters.
Pursuant to the legal principle, the fetus is presumed to have been born for the purposes of inheritance. The principle was reified in Roman law and continues to be implemented today in most European nations, in the Americas (where the fetus is sometimes legally considered to be a person), and in South Africa .
Upon the death of the grantee, a designated inheritance such as a parcel of land, a peerage, or a monarchy, passes automatically to that living, legitimate, natural descendant of the grantee who is most senior in descent according to primogeniture, males being preferred, however, over their sisters regardless of relative age; and thereafter the ...
These concepts are in use in English inheritance law. The rules may stipulate that eligible heirs are heirs male or heirs general – see further primogeniture (agnatic, cognatic, and also equal). Certain types of property pass to a descendant or relative of the original holder, recipient or grantee according to a fixed order of kinship.
Under the Act of Settlement 1701, the throne of the Kingdom of England was settled on the Electress Sophia of Hanover and the "heirs of her body", this phrase being understood under English common law to imply male-preference primogeniture, [4] meaning that brothers would precede sisters in the line of succession irrespective of order of birth.
Agnatic seniority is a patrilineal principle of inheritance where the order of succession to the throne prefers the monarch's younger brother over the monarch's own sons. A monarch's children (the next generation) succeed only after the males of the elder generation have all been exhausted.