Wikipedia:Reference desk/Archives/Miscellaneous/2017 November 17

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November 17

Inheritance in Canon (or French / Spanish) Law

• Preface. Please notice, that I (the OP) am not looking for legal advice, nor for legal speculation, nor for legal opinion, but rather for legal "information" about whether there is any legislation about a clear-cut general issue described in the following paragraph. Please assume good faith, don't edit my (the OP's) original post, don't hat it, and don't give it new titles (like "requst for...advice") having nothing to do with my (the OP's) original purpose. Such titles may prevent other users from easily seeing it and from giving answers different from those that have already been given. I'm still waiting for other answers. Any additional attempts to hide my (the OP's) original question or to "close" it, against my (the OP's) will, will immediately be reported at WP:ANI.

My question is as follows: Currently, I'm conducting a comparative research about "Inheritance" under various legal systems, and now I'm researching Canon Law (along with some relative legal systems as French / Spanish Law). For this goal, I need to know whether there is legislation in Canon (or French/Spanish) Law, that explicitly describes how any grandparent's property has to be shared among their grandchildren who are not siblings. (For example, let's assume the grandparent - who has just died intestate, has two dead propertyless unmarried daughters - one of whom has an only son who is alive - the other daughter having two living sons, so there are three heirs. How does the grandparent's property have to be shared, by Canon (or French / Spanish) legislation? Equally?) HOTmag (talk) 07:30, 17 November 2017 (UTC)

This is not a reliable source, but it has some info on canon law and inheritance [1]. Basically, it is not a subject of huge concern for the Catholic Church and is left to local civil law to govern (big difference with sharia law, which contains very precise rules governing inheritance). --Xuxl (talk) 13:55, 17 November 2017 (UTC)

Thanks. What about French/Spanish Law? HOTmag (talk) 14:25, 17 November 2017 (UTC)

The question omits key information such as:

• When did the daughters die?
• Were they married?
• Did they make wills?

Canon law does not concern itself with these matters. The relevant legislation is the French Civil Code (§§720 and following, 731 and following) [2] and the Spanish Civil Code §§912-923 [3]. Looking at these documents it is apparent how they descend directly from the Roman civil law of two millennia ago. 82.13.208.70 (talk) 16:07, 17 November 2017 (UTC)

Thank you for the links, but unfortunately I don't read French nor Spanish. As for your questions: I assume you are asking about the example I'd placed in parentheses. Please notice that it's a theoretical example only, for the general issue I'm asking about. Anyways, as for your specific question about that theoretical example: To make things simple, let's assume that the propertyless unmarried daughters had died before the time their deceased parent (whose property has to be shared among the grandchildren) died intestate. HOTmag (talk) 04:52, 22 November 2017 (UTC)

@HOTmag: You've been given the relevant Canon, Spanish and French law. Is there anything else you want answered? μηδείς (talk) 00:48, 21 November 2017 (UTC)

@Medeis: As for your question: Yes, see above, my last response to the user who had answered me. Please notice that I have also rephrased a bit my original question (e.g. by placing the example in parentheses, and likewise), in order to make clearer what I'm asking about. I hope now nobody may suspect I'm requesting "advice / speculation". Anyways, I had rephrased my question, only for those who cannot assume good faith; Those who can (e.g. the user who answered me and other users who insisted I was not requesting "advice"), didn't need my reformulation for understanding my original purpose. HOTmag (talk) 04:52, 22 November 2017 (UTC)

Where were you accused of acting in bad faith? ←Baseball Bugs ^{What's up, Doc?} carrots→ 12:50, 23 November 2017 (UTC)

Not "accused" but rather "suspected". Some users (not you) hatted my question, because they wrongfully suspected - that I had asked for legal advice / opinion / speculation - i.e. that I had acted against the policy of the reference desk. Had they assumed good faith, they wouldn't have thought that. So, for those users who couldn't assume good faith, I rephrased a bit my original question (e.g. by placing the example in parentheses, and likewise). HOTmag (talk) 13:03, 23 November 2017 (UTC)

moot, as OP has restated question and has gotten refs as answers
The following discussion has been closed. Please do not modify it.
As we are not qualified lawyers, we specifically refrain from answering questions asking for legal advice. There's a notice to that effect at the top of this page. Sorry. Rojomoke (talk) 10:38, 17 November 2017 (UTC) Please notice that my question is a theoretical one, about Canon Law. Have you ever heard about Canon Law? It's not an actual Law at all (I've added the French / Spanish law in parentheses only, because it's supposed to be similar to Canon law). I'm not asking for legal advice, nor am I asking lawyers, but rather people who have studied Canon law. HOTmag (talk) 10:47, 17 November 2017 (UTC) People who have studied law are called "lawyers". Their job is to interpret it and provide opinions of it. --Jayron32 11:50, 17 November 2017 (UTC) Canon Law is mainly studied by scholars, students, priests, and the like. Of course also lawyers study it, but not only them. Anyways, this reference desk does allow to ask theoretical questions not being asked for practical legal purposes (but rather for a comparative research). HOTmag (talk) 12:40, 17 November 2017 (UTC) See Canon_law#Catholic canon law as legal system. Catholic canon law is a fully fledged legal system, with its own courts and lawyers, and the same possible repercussions for following the wrong advice. As such it's as inappropriate to give advice on it as it would be for any other system. Rojomoke (talk) 12:14, 17 November 2017 (UTC) But I'm not asking for advice, because my question is not actual but rather theoretical. This reference desk does allow to ask theoretical questions not being asked for practical legal purposes (but rather for a comparative research). HOTmag (talk) 12:40, 17 November 2017 (UTC) Note: We shall not give legal advice on the reference desks. If you feel this question is a request for legal advice, all you have to do is not give legal advice here. Very simple. Since there is no "factual situation" at play here, it is in fact impossible to give legal advice on this matter. Nobody has given any legal advice here at time of this note, not in any way, shape or form. If you see a specific response that give legal advice as defined by our article, please do remove it. SemanticMantis (talk) 22:15, 17 November 2017 (UTC) If it's not a request for factual information, it's a request for speculation. The OP has been given links to the relevant legal systems, we simply cannot offer opinions on his specific question. μηδείς (talk) How can a request, for clear-cut legislation that explicitly describes how grandchildren who are not siblings share their grandparent's property, be regarded as speculation? HOTmag (talk) 04:52, 22 November 2017 (UTC) WIKIPEDIA DOES NOT GIVE LEGAL OPINIONS Wikipedia contains articles on many legal topics; however, no warranty whatsoever is made that any of the articles are accurate. There is absolutely no assurance that any statement contained in an article touching on legal matters is true, correct or precise. Law varies from place to place and it evolves over time—sometimes quite quickly. Even if a statement made about the law is accurate, it may only be accurate in the jurisdiction of the person posting the information; as well, the law may have changed, been modified or overturned by subsequent development since the entry was made on Wikipedia. The legal information provided on Wikipedia is, at best, of a general nature and cannot substitute for the advice of a licensed professional, i.e., by a competent authority with specialised knowledge who can apply it to the particular circumstances of your case. Please contact a local bar association, law society or similar association of jurists in your legal jurisdiction to obtain a referral to a competent legal professional if you do not have other means of contacting an attorney-at-law, lawyer, civil law notary, barrister or solicitor. Neither the individual contributors, system operators, developers, nor sponsors of Wikipedia nor anyone else connected to Wikipedia can take any responsibility for the results or consequences of any attempt to use or adopt any of the information or disinformation presented on this web site. Nothing on Wikipedia.org or of any project of Wikimedia Foundation, Inc., should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. ←Baseball Bugs What's up, Doc? carrots→ 22:49, 17 November 2017 (UTC) AND NOTHING HERE IS A LEGAL ADVICE! AND I LIKE SHOUTING!!! WOOOOO!!!! AND I KNOW HOW TO SIGN COMMENTS!SemanticMantis (talk) 20:09, 20 November 2017 (UTC) Correct ! By definition, My question cannot be a request for advice, because a person requesting advice is coping with an actual problem that needs advice, whereas I'm not coping with any actual problem, but rather am asking a definitely theoretical question, as explicitly stated in my original post - by the explicit words: "let's assume". Actually, I'm conducting a comparative research (about whether any grandparent's property should be shared equally among their grandchildren who are not siblings, under various legal systems), and now I'm researching Canon Law (along with some relative legal systems as French / Spanish Law). Anyway I'm not asking for any legal "advice", nor for any legal "opinion", but rather for legal information, i.e. for clear-cut legislation - explicitly describing the way the property should be shared among grandchildren who are not siblings. I'm sure, If the editor - who hid my question - had assumed good faith, they wouldn't have thought I'd been trying to receive "legal advice" (or "legal opinion"), and they wouldn't have hidden my question. HOTmag (talk) 20:41, 20 November 2017 (UTC) I posted the official Wikipedia disclaimer. The fact you and SM don't like that disclaimer is your own problem. ←Baseball Bugs What's up, Doc? carrots→ 23:34, 20 November 2017 (UTC) Why do you think I don't like the disclaimer? I do. I've only claimed it's irrelevant here, because my question has nothing to do with any legal advice (and with any legal opinion), but rather with legal information only. It's like asking "what does American Tax Law/Act state in its second section?", which is a request for legal information rather than for legal advice or for a legal opinion. Anyway, this reference desk does allow to ask for legal information - whether by asking about American Tax Law/Act - or by asking about the Inheritance in Canon Law. That's why I'm telling you that the disclaimer you're talking about - which I do like - is irrelevant here. HOTmag (talk) 00:20, 21 November 2017 (UTC) That's your personal opinion. How is "How should the property be shared among grandchildren, in Canon (or French / Spanish) Law?" NOT a request for legal advice? ←Baseball Bugs What's up, Doc? carrots→ 00:39, 21 November 2017 (UTC) No, it's not a request for advice, because a person requesting advice is coping with an actual problem that needs advice, whereas I'm not coping with any actual problem, but rather am asking a definitely general question, as explicitly stated in my original post - by the explicit words: "let's assume". Actually, I'm conducting a comparative research (about whether any grandparent's property has to be shared equally among their grandchildren who are not siblings, under various legal systems), and now I'm researching Canon Law (along with some relative legal systems as French / Spanish Law). Anyway I'm not asking for any legal "advice", nor for any legal "opinion", nor for any legal "speculation", but rather for legal information, i.e. for clear-cut legislation - explicitly describing the way any grandparent's property has to be shared among their grandchildren who are not siblings. HOTmag (talk) 04:52, 22 November 2017 (UTC) Off-topic nonsense Jesus fucking christ. You don't understand any of this do you? But you have far more free time than me to edit war, so please, enjoy yourself while you create a hostile environment with your senseless, aggressive, and useless censoring. SemanticMantis (talk) 20:06, 20 November 2017 (UTC)

HOTmag, you say you don't speak French or Spanish. Are you then Dutch, as suggested here Special:Permalink/811130044#Beta Israel? You have asked this question before Wikipedia:Reference desk/Archives/Miscellaneous/2017 March 12#Inheritance in various legal systems:. 92.8.223.3 (talk) 17:16, 23 November 2017 (UTC)

Why haven't you answered what I'd asked you?? HOTmag (talk) 20:57, 23 November 2017 (UTC)