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Pretension

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

In French Law. The claim made to a thing which a party believes himself entitled to demand but which is not admitted or adjudged to be his. The words right, action, and pretention are usually joined; not that they arc syiv onymous, for right is something positive and certain, action is what is demanded, while pretention is sometimes not even accompanied by a demand. PRETERITION (Lat. prcctor and eo, to go by). In Civil Law. The omission by a testator of some one of his heirs who is entitled to a legitime ( q. v.) in the succession. Among the Romans, the preterition of children when made by the mother was presumed to have been made with design; the preterition of sons by any other testator, was considered as a wrong, and avoided the will, except the will of a soldier in service, which was not subject to so much form.