Elegitimationer

Elegitimationer, often translated as "legitimations by election," is a legal concept primarily found in some civil law jurisdictions. It refers to a specific method by which a person can be recognized as having a legal right to inherit or possess property, typically in the context of a will or inheritance. Instead of direct inheritance based on blood relation or a clearly established will, elegitimationer involves a process where an elected body or a designated authority confirms or grants this right. This mechanism is not about the actual election of a person to a public office, but rather the legitimation of their claim through a procedural election or confirmation.

The historical roots of elegitimationer can be traced to certain legal traditions where the community or a representative group played a role in validating inheritance claims, especially in cases of complex estates or disputed wills. This might have served as a safeguard against fraudulent claims or to ensure that the deceased's wishes were honored according to local customs and laws. The process would typically involve presenting evidence of the claim to the electing body, which would then deliberate and issue a decision.

Modern applications of elegitimationer are rare and largely historical, having been superseded by more standardized and transparent inheritance laws in most contemporary legal systems. However, understanding this concept can provide insight into the evolution of property law and the diverse ways legal rights have been recognized and enforced across different historical periods and jurisdictions. The core idea is the formal, often communal, validation of an inheritance claim.