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第57章 Law of Succession 继承法(5)

2. Agnatic-cognatic succession

Also known as Semi-Salic law. In this form of succession, the succession is reserved firstly to all the male dynastic descendants of all the eligible branches by order of primogeniture , then upon total extinction of these male descendants to the eldest of the dynastic female descendants. Current monarchies that operate under Semi-Salic law include Luxembourg, former monarchies that operated under Semi-Salic law included Austria ( later Austria-Hungary) , Bavaria, Hanover, Württemberg, Russia, Saxony, Tuscany, and the Kingdom of the Two Sicilies. However, note that if a female descendant should take the throne, she will not necessarily be the senior heiress, but possibly the closest relative in relation to the current monarch is designated.

In practice, on occasions when there exists no male heir in a Semi-Salic system, the female heir is usually determined more“pragmatically”, by proximity of blood to the current monarch. Examples include Christian I of Denmark s succession to SchleswigHolstein, Maria Theresa of Austria ( although her right ultimately was confirmed in consequence of her victory in the War of the Austrian Succession launched over her accession) , Mary Adelaide and Charlotte of Luxembourg and Nassau, Anne of Brittany and Grand Duchess Maria of Russia, as well as Christian IX of Denmark s succession using the right of his wife Louise of Hesse.

3. Appointment, election, tanistry and rotation

Order of succession can be arranged by appointment:either the incumbent monarch or some electoral body appoints an heir or a list of heirs, already before vacancy occurs. A monarchy may be generally elective, although in a way that the next holder will be elected only after it becomes vacant.

In history, quite often, but not always, appointments and elections favored, or were limited to, members of a certain dynasty or extended family. There may have been genealogical rules to determine who all are entitled to succeed, and who will be favored. This has led sometimes to an order of succession that balances branches of a dynasty by rotation.

It currently applies to the Holy See, Malaysia, Cambodia, Kuwait, the UAE, Andorra, Swaziland, and Samoa.

4. Seniority

In seniority successions, a monarch s or fief-holder s next sibling, actually it means almost always brother, succeeds; not his children. And, if the royal house is more extensive, ( male) cousins and so forth succeed, in order of seniority, which may depend upon actual age or upon the seniority between their fathers.

5. Partible inheritance

In some societies, a monarchy or a fief was inherited in a way that all entitled heirs had a right to a share of it.

6. Primogeniture

Primogeniture ( or more properly Male Primogeniture) is a mechanism whereby male descendants of the sovereign take precedence over female descendants, with children representing their deceased ancestors, and where the senior line of descent always takes precedence over the junior line, in each gender. Elder sons always take precedence over younger sons.Younger sons always take precedence over older daughters. The right of succession always belongs to the eldest son of the reigning sovereign( see heir apparent) , and then to the eldest son of the eldest son. This is the system in the Commonwealth Realms, Spain, and Monaco.

Fiefs or titles granted“in tail general”or to“heirs general”follow this system for sons, but daughters are considered equal co-heirs, at least in modern British practice. This can result in the condition known as abeyance. In the medieval period, actual practice varied with local custom. While women could inherit manors, power was usually exercised by their husbands ( jure uxoris) or their sons ( jure matris) .

7. Equal ( or absolute) primogeniture

Fully equal primogeniture ( or Absolute Primogeniture) is a law in which the eldest child of the sovereign succeeds to the throne, regardless of gender, and where females( and their descendants) enjoy the same right of succession as males. This is currently the system in Sweden ( since 1980) , the Netherlands ( since 1983) , Norway ( since 1990) and Belgium ( since 1991) . The Succession to the Crown Bill of 2004 proposed changing the line of succession to the British throne to absolute primogeniture.