Who is the grandmother's sister? Half-brother and half-brother - what is the difference

Half- and half-brothers and sisters

the first are those that come from the same father, but from different mothers; the second are those that come from the same mother, but from different fathers. One of the traces of the stage of motherhood, in an era when patriarchal family, is that half-brothers and sisters were not considered such relatives between whom marriage was impossible. Thus, among the Old Testament Jews, Abraham was married to half sister to his Sarah; in Athens and Sparta it was possible to marry half-sisters, but not half-sisters. When consanguinity is in full bloom, there are examples of the opposite phenomenon: half-brothers are considered more distant relatives than half-brothers. Thus, in Rome in the era of Constantine, half-brothers and sisters (consanguinei) had the right to challenge their brother’s will unless they were denied their legal share, but half-brothers and sisters (uterini) did not have such a right. In modern legislation, the distinction between half-blooded and half-bred from full-blooded (germani, vollbürtige) relates exclusively to the field of inheritance law. In many Western legislations (for example, French, Austrian, Saxon and Zurich, as well as the draft German code), half- and half-brothers and half-sisters inherit half as much as full-blooded ones. This is a direct consequence of the fact that in these legislations the inheritance left by a person who dies without children is divided in half between the father and his issue and between the mother and her issue; That is why half-blooded and half-bred children receive shares only from one half of the property, and full-blooded people receive shares from both halves. Thus, in these laws, completeness of relationship affects only the size of the inheritance share, and not the right of inheritance. On the contrary, in other legislations (for example, in our Baltic provinces), half-blooded and half-brothers are called upon to inherit only in the absence of full-blooded ones. In our legislation, the inheritance of half-blooded and half-brothers is determined by a special law (Article 1140, X volume, 1 part), which constitutes a sharp departure from the basic principle of our inheritance law. For clarification, let’s take a table where the testator (Zinaida) has a complete Native sister(Elizabeth), half-brother (Ivan) and sister (Marya), and half-brother (Sergey) and sister (Vera).

After Zinaida's death generic the property should go according to the general rules of inheritance: what she inherited from Nicholas - first of all to her half-brother Ivan, and in his absence, to her sisters - full-blooded Elizabeth and half-blooded Marya, in equal parts; and what she inherited from Yulia went to her half-brother Sergei. The singularity exists only relatively well-acquired property (for example, capital). Here, first of all, Elizabeth is called to inheritance. If Elizabeth or her descendants did not exist, then, apparently, only Ivan should have been called to inherit; if he were not there, then only Maryu; and if Marya had not been there, then cousins ​​or second cousins or sisters on my father's side, i.e. nephews Nicholas. Sergei or Vera should have stayed away from the inheritance, because in our country, according to general rule, for inheritance it is necessary blood relations with the testator; and therefore, if Zinaida had no relatives at all on my father's side, then her property would become escheat. But according to 1140 Art. in this case, a different order begins: if Zinaida does not have a sister, Elizabeth, then Sergei and Vera (half-born) have exactly the same right with Ivan and Marya (half-blooded). Therefore, together with Ivan, Sergei will also be called to inheritance; in the absence of Ivan, only his half-brother Sergei will be called to inherit, i.e. a completely different kind of face; in the absence of Sergei, Marya and Vera will be called up with equal rights or, in the absence of Marya, one uterine Vera. Thus, the feature of 1140 Art. is that when inheriting acquired property: 1) half-blooded people are called upon to inherit in the absence of full-blooded ones (according to the letter of the law - “relatives”); 2) a full sister excludes a half brother; 3) half-brothers are completely compared to half-blooded ones, and therefore 4) half-uterine ones are given preference over first cousins. All of the above represents conclusions from the literal meaning of the law, however, the first two provisions are controversial. It is according to the decisions of the Cassation Senate that half-blooded people are called to inheritance not after full-born, and along with with them; half-brother Ivan eliminates full blood from inheritance Elizabeth, and half-blooded Marya inherits along with Elizabeth. This view of the Senate, contrary to the text of the law, is consistent with general principle inheritance by blood(paternal) relationship. The view of the Senate cannot be considered generally accepted not only in literature (cf. Pobedonostsev’s “Course”, which follows the literal text of the law), but even in judicial practice(cf. reviews of judges in “Remarks on the shortcomings of existing civil laws”, published by the editorial commission for the preparation of the Civil Code, St. Petersburg, 1891).

M. Brun.

In church law about half-blooded and half-brothers and sisters we're talking about when calculating degrees of kinship due to marriages. Both are considered as blood, relatives brothers and sisters, that is, they are related to each other in the second degree.

encyclopedic Dictionary F. Brockhaus and I.A. Efron. - S.-Pb.: Brockhaus-Efron. 1890-1907 .

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What does half brother mean?? This is the brother with whom you share the same mother, but different fathers. In today’s article we will try to figure out what the main difference is between half-blooded and half-bred children. In modern Everyday life Quite rarely, such an expression as a half-blooded or half-uterine relative appears. But still, sometimes such questions arise. How do these concepts differ?

Meanings of the concepts half-brother and half-brother.

If we believe the ideas of our ancestors, then blood is inherited through the father's line, which means that it is transmitted during intrauterine development from biological father to daughter or son. As a result, those children who are born from different women, but from the same man, are called only uterine children. Despite innovative modern genetic achievements and the awareness that each trait is inherited from two biological units, and due to genetic modifications more and more new traits can appear, the concept of a half-brother has been preserved in human everyday life, it refers specifically to children conceived by one father .

Half-uterine - this means such a relative, internal development which took place in the same womb as yours. That is, children born by one woman are half-sisters and brothers. Moreover, even sons born to one woman, but from different men, are called monouterine. It is not difficult to replace that siblings in the modern understanding are both half-blooded and half-uterine, and therefore they are still considered full-blooded.

Some interesting historical facts.

During the period of greatest prosperity of the Great Roman Empire, it was generally accepted that half-brothers were closer and closer to each other than half-brothers. The explanation for this fact is extremely simple: at that time absolute patriarchy reigned in Rome, it goes without saying that men were more revered, they deserved more respect than women. If, in connection with something, the matter came to the division of the inheritance, and a dispute arose between half-blood relatives, then the claims were considered. But the dissatisfaction of half-relatives was not taken into account. In Athens, it was generally accepted that marriages could be concluded between half-blood relatives (sister and brother). In parallel with this, the law prohibited the marriage of half-relatives. For example, the famous hero of the Hebrew Bible Abraham married his own half-sister.

How does modern legislation separate uterine and half-blood relatives?

The main difference between half-blooded, full-blooded and half-bred relatives from the point of view of modern legislation is only the right to inheritance. In most countries, for example, in Austria and France, in the process of dividing the inheritance, full brothers can claim a share twice as large as that of half-brothers and half-brothers. That is, in these countries, the completeness of kinship affects only the size of the inheritance share, but not the right of inheritance. Russian legislation has a law that provides for the regulation of inheritance of half-blooded and half-born children.

In the laws of various Baltic countries, half- and half-brothers generally do not have the right to participate in the division of inheritance if the parents, in addition to them, also have full-blooded children. In the absence of common children, the entire inheritance of the spouses is divided between half-blooded and half-uterine children.

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According to the ideas of ancestors, blood is inherited through the paternal line, that is, it is transmitted during the process of intrauterine development from father to son or daughter. As a result, children born different women from the same man are considered half-relatives. Despite modern advances in genetics and the awareness of the fact that any trait is inherited from both parents, and as a result of genetic modifications, new traits can appear, the concept of a half-brother has remained in use and refers specifically to children born from the same father.

Half-brothers are relatives whose internal development took place in the same womb. Thus, the children of one woman are half-siblings. Moreover, even sons born one woman from different fathers, are considered consanguineous.

It is easy to notice that siblings, in the modern sense, brothers are both half-blooded and half-uterine relatives, which is why they are also called full-blooded.

A little history

During the heyday of the Great Roman Empire, it was believed that half-brothers were closer and closer to each other than half-brothers. This is explained quite simply: in those days, patriarchy dominated in Rome, so, naturally, a man was held in higher esteem and deserved more respect than a woman. If for some reason it came to dividing the inheritance and a dispute arose between half-brothers, the claims were considered. The discontent of the half-brothers was not taken into account.

In Athens they were considered possible marriages between half brother and sister. While the marriage of half-relatives was prohibited by law.

Abraham, the hero of the Hebrew Bible, married his half-sister.

Modern legislation

The main difference between full, half-brothers and half-brothers from the point of view of legislation modern countries consists only of the right of inheritance. In many countries, such as France and Austria, when dividing the inheritance, full brothers are entitled to a share twice as large as that of half- or half-brothers.

The legislation of the Russian Federation has a law regulating the inheritance of half-blooded and half-born children.

In the legislation of the Baltic countries, half- and half-born children do not participate at all in the division of inheritance if the parents, in addition to them, have full-blooded children. In the absence of common children,