CONSOBRINI

4 definitions found across Law Mind sources

CONSOBRINIAuthored
The Law Mind • 512 words
Definition
A term from Roman and civil law referring to cousins-german — that is, first cousins, specifically the children of brothers and sisters considered in their relationship to one another. Consobrini describes the kinship class formed when the offspring of siblings are analyzed as a group or in relation to each other, rather than in relation to a common ancestor. The term operates within the broader Roman law system of classifying degrees of consanguinity, which formed the basis for inheritance rights, intestate succession, and prohibitions on marriage. First cousins in this classification share grandparents and are connected through siblings of the parent generation.
Why It Matters in Research
Consobrini will appear in sources dealing with Roman law, canon law, and civil law jurisdictions — primarily in historical contexts involving succession, intestacy, and marriage impediments. Researchers working with early American and English equity cases that drew on civil law reasoning may encounter the term in discussions of next of kin and degree of relationship. The term is not used in modern American common law practice. When it appears in a historical legal source, it signals that the author or court is reasoning from Roman or civil law principles, which is itself a meaningful clue about the doctrinal framework being applied. Pre-19th century treatises on inheritance and ecclesiastical law are the likeliest encounter points. Researchers should be careful not to conflate consobrini with the broader category of cousins as understood in modern law. The civil law system classified relationships with more precision than modern common law does, and the specific term carries information about generational position and lineage structure that a modern gloss of "cousins" would lose.
Historical Dictionary Support
The three source dictionaries are in close agreement. Black's (both editions) and Rapalje & Lawrence all define consobrini as cousins-german or first cousins under the civil law. Black's adds the clarifying phrase "brothers' and sisters' children, considered in their relation to each other," which is the more complete formulation — it captures not just who consobrini are, but the analytical frame: these individuals are being examined as a relational class, not merely as descendants of a common ancestor. Rapalje & Lawrence is terser but consistent. No source diverges on substance. None of the dictionaries trace the term's role in the Roman law gradus system at any depth, which means researchers needing to understand how consobrini fit into the full Roman kinship hierarchy will need to consult primary civil law sources or treatises such as Justinian's Institutes directly. The dictionary entries are adequate for identification but thin on doctrinal context.
Jurisdictional Note
The term belongs to Roman and civil law and has no operative role in modern common law jurisdictions. It retains relevance in Louisiana and other civil law-influenced jurisdictions when interpreting historical documents, early statutes, or succession instruments that incorporated civil law terminology.
Related Terms
Cousins-german Consanguinity Degree of relationship Next of kin Intestate succession Civil law Gradus (degree of kinship) Agnati Cognati
CONSOBRINImain
Black's Law Dictionary • 1891
In the civil law. Cous- ins-german, in general; brothers' and sisters' children, considered in their relation to each other.
CONSOBRINImain
Rapalje & Lawrence • 1888
A civil law term for cousins-german, or first cousins.
CONSOBRINImain
Black's Law Dictionary (2nd Ed.) • 1910
In the civil law. Cousins-german, in general; brothers’ and sisters’ children, considered in their relation to each other.

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