SOBRINA

2 definitions found across Law Mind sources

SOBRINAAuthored
The Law Mind • 728 words
Definition
In Roman civil law, *sobrina* (feminine) denotes the daughter of a great-uncle or great-aunt, whether on the paternal or maternal side. The corresponding masculine form is *sobrinus*. The term designates a specific degree of collateral kinship — what modern English would call a first cousin once removed in the descending line, or, in older usage, a second cousin — tracing descent from a common grandparent's sibling rather than from the common grandparent directly. The precise relationship is: your parent's first cousin's child, or the child of your grandparent's sibling. Roman law required technical precision in naming degrees of kinship because succession rights, intestate inheritance, and the duty of guardianship all turned on exact relational classification. *Sobrina* occupied a defined position in the graduated table of cognates set out in Justinian's Institutes.
Why It Matters in Research
Researchers encountering *sobrina* in historical legal sources — particularly in civil law treatises, ecclesiastical records, probate documents, or succession instruments drawn from Roman, Spanish, or Louisiana sources — must resist mapping the term onto modern English kinship vocabulary. The word does not mean "niece" (that is *neptis*), nor does it map cleanly onto "second cousin" as that phrase is used today. The Roman system of counting collateral degrees operated differently from the common law method, and translations made without attention to this distinction introduce error into genealogical and succession analysis. In Spanish colonial law, which inherited the Roman civil law framework, *sobrina* appears in wills, intestacy proceedings, and land grants throughout Spanish America and in territories that later became U.S. states — notably Louisiana, Texas, New Mexico, California, and Florida. Researchers working in those archival and legal traditions will encounter the term in original documents and in early American court proceedings construing Spanish-era instruments. The term also surfaces in ecclesiastical law contexts, where canon law prohibited marriage within certain degrees of consanguinity. Identifying whether a *sobrina* relationship fell within or outside the prohibited degrees required the same precision the civil law demanded. Because *sobrina* appears without translation or explanation in many historical documents, it is a silent trap: a researcher unfamiliar with Roman kinship terminology may misidentify the heir, legatee, or ward at issue and draw incorrect conclusions about succession chains or family structure.
Historical Dictionary Support
Black's Law Dictionary defines *sobrina* as "son or daughter of a great-uncle or great-aunt, paternal or maternal," citing Justinian's Institutes (3, 6, 3). The entry is brief but accurate as a technical matter. The Institutes passage to which Black's refers sets out the hierarchy of cognate relatives entitled to succeed in the absence of closer heirs, and *sobrinus/sobrina* appears as a recognized category within that schema. Historical legal dictionaries in the civil law tradition are more expansive. Calvinus's *Lexicon Iuridicum* and similar early modern compilations treat the *sobrini* collectively as the children of *patruus magnus* (great-uncle on the father's side) or *amita magna* (great-aunt on the father's side), and their maternal equivalents. The symmetry between paternal and maternal lines — explicitly preserved in the Institutes — is a feature of Roman law that distinguished it from some Germanic customary systems, where paternal and maternal kin were treated unequally. What historical dictionaries often leave undeveloped is the potential for confusion between *sobrina* and *neptis*. *Neptis* means granddaughter or niece; *sobrina* means the collateral cousin-once-removed described above. In loosely drafted translations or summaries, the two are sometimes conflated. Black's does not flag this risk.
Jurisdictional Note
The term is operative in civil law jurisdictions and in American courts construing instruments or succession rights governed by Spanish or French civil law antecedents. Louisiana courts and early territorial courts in former Spanish possessions were most likely to apply or interpret the term directly. Common law jurisdictions have no native use for the term.
Related Terms
Sobrinus — masculine counterpartson of a great-uncle or great-aunt Neptis — niece or granddaughter; commonly confused with sobrina Patruus magnus — great-uncle on the paternal side; the male relative whose child is a sobrinus/sobrina Amita magna — great-aunt on the paternal side Cognati — broader class of blood relatives recognized by Roman civil law Consanguinity — general legal concept of blood relationshiprelevant to succession and marriage prohibition Degrees of kinship — the system of counting relational distance for legal purposes Intestate succession — the context in which precise kinship classification most frequently mattered
SOBRINAmain
Black's Law Dictionary • 1891
Lat. In the civil law. son or daughter of a great-uncle or great- aunt, paternal or maternal. Inst. 3, 6, 3. PROPIOS, PROPRIOS. In Spanish law. Certain portions of ground laid off and reserved when a town was founded in Span- ish America as the unalienable property of the town, for the purpose of erecting public buildings, markets, etc., or to be used in any

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