PROMATERTERA

4 definitions found across Law Mind sources

PROMATERTERAAuthored
The Law Mind • 716 words
Definition
A term from Roman civil law identifying a specific collateral female relative: the sister of one's maternal grandmother. In modern kinship terminology, the promatertera is a great-great-aunt on the maternal side — specifically the grandmother's sister, as distinguished from the grandfather's sister or any paternal-line equivalent. The term belongs to the Roman system of precise Latin kinship nomenclature used to identify degrees of relationship for purposes of inheritance succession, intestate distribution, and the calculation of civil degrees of consanguinity.
Why It Matters in Research
Researchers encounter promatertera almost exclusively in one context: Roman civil law inheritance rules and their reception into civil law jurisdictions. The term has no meaningful independent life in Anglo-American common law, which did not adopt the Roman practice of naming each collateral relative position with a discrete Latin term. The primary research trap is encountering this term in a digest or treatise on civil law succession and being unable to place the relationship correctly in a kinship chart. The Roman system built outward from ego with precise gendered and generational markers — proavus, proavia, patruus magnus, amita magna, and so forth — and promatertera sits within that matrix. Misreading it as a closer or more distant relative will distort any analysis of succession priority under civil law rules. For Law Mind corpus researchers, this term will appear most frequently in: (1) treatises on Roman law or Justinian's Institutes, particularly Book III on intestate succession; (2) historical civil law commentaries in Louisiana, Quebec, or Spanish colonial succession contexts; and (3) comparative law works contrasting Roman cognatic succession with common law descent schemes. It will rarely, if ever, appear in case law from common law jurisdictions. Note also that the source material reflects some dictionary contamination — the Black's 2nd Ed. entry printed under this headword actually contains text about legitimation of children born before marriage (a passage from Fortescue), and the Bouvier entry reproduced here is plainly a prohibition/liquor law entry misattributed. Researchers using historical dictionaries should not rely on those entries as authoritative for this term.
Historical Dictionary Support
The genuine definitions across the historical shelf are consistent and brief. Black's 1st Ed. and Rapalje & Lawrence agree: promatertera is "the sister of one's grandmother" or "a great maternal aunt." Burrill's is slightly more precise in formulation — "a great-grandmother's sister" — though this reflects a translation choice rather than a substantive disagreement; the underlying relationship is the same when counted from the grandchild's perspective (the grandmother's sister is the grandchild's great-aunt). Burrill's cites Justinian's Institutes 3.6.3, which is the authoritative Roman law source for this classification. That citation is genuine and traceable. No historical dictionary in the Law Mind corpus offers analytical depth on this term beyond its kinship definition — it is treated uniformly as a vocabulary entry rather than a doctrinal subject. What the historical dictionaries collectively miss: they do not explain where promatertera sits in the Roman succession order, how she compares in priority to other collaterals, or how civil law jurisdictions that received Roman law subsequently handled such remote collateral relationships in their codifications. Researchers needing that context must move from the dictionary entry to the Institutes themselves or to civil law succession treatises.
Jurisdictional Note
The term is operative in civil law systems derived from Roman law. In Louisiana and other mixed jurisdictions, remote collateral succession rules were codified and the Roman Latin nomenclature largely displaced by statutory language; researchers should cross-reference the relevant Civil Code articles rather than relying on Roman kinship terms alone.
Related Terms
Matertera — the maternal aunt (mother's sister); the closer collateral from which promatertera is the more remote equivalent Proavus / Proavia — great-grandfather / great-grandmother; the lineal ancestors one generation above the promatertera's sibling Amita Magna — the paternal great-aunt (father's father's sister); the paternal-line equivalent in degree Consanguinity — the broader doctrine governing degrees of blood relationship for succession and other legal purposes Cognates / Cognatio — Roman civil law category of blood relatives through either linewithin which the promatertera falls Intestate Succession — the context in which Roman kinship terminology carries operative legal weight Degrees of Relationship — the counting method that determines succession priority among collaterals
PROMATERTERAmain
Black's Law Dictionary • 1891
Lat. In the civil law. A great maternal aunt; the sister of one's grandmother.
PROMATERTERAmain
Black's Law Dictionary (2nd Ed.) • 1910
Prolem ante matrimonium natam, ita ut post legitimam, lex civilis succedere facit in hsreditate parentum; sed prolem, quam matrimonium non parit, succedere non sinit lex Anglorum. fFYortesc. c. 39. The civil law permits the offspring born before marriage [provided such offspring be afterwards legitimized] to be the heirs of their parents; but the law of the English does not suffer the offspring not produced by the marriage to succeed. Lat. law. A great maternal aunt; one’s grandmother. —Promatertera magna. Lat. In the civi: law. A great-great-aunt. In the civil the sister of
PROMATERTERAmain
Rapalje & Lawrence • 1883
A great maternal aunt; the sister of one's grandmother. pair on condition of their being first put into repair by B.; "concurrent," where both promises are mutually dependent: thus, where A. agrees to sell property to B., neither can sue the other without showing that he has performed or is ready to perform his part of the contract. Leake

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