Theses ex materia successionis ab intestato

state: not in lines, as Acursius and Bartolus are called. This opinion, as confirmed by the constitution of Charles V in the Diet of Speyer in the year 1529, we embrace as the truer and fairer one.

XLI.
Brothers and sisters joined by both parents are preferred over brothers or sisters joined only by one side, and also over any agnates relatives on the father's side and cognates relatives by blood, except for the children of brothers joined by both parents, who are admitted with them in lines.

XLII.
But if these do not exist, in the second order those who are related to the deceased by one parent are called to the inheritance, either by the father only or by the mother only, as well as their children.

XLIII.
If the deceased has left both paternal half-brothers consanguineos and maternal half-brothers vterinos, then a distinction is made according to the common opinion of the doctors: the paternal half-brothers are preferred in goods that came from the father, and maternal half-brothers in goods that came from the mother. We, however, rejecting this distinction, believe they succeed equally in all goods.

XLIIII.
When all these persons are lacking, whoever is nearest in degree is then called to the inheritance; if they are in an equal degree, they are called equally in heads.

XLV.
From these, the resolution of the question is clear, when someone dies leaving two paternal uncles and the son of a paternal uncle joined by one side, and a maternal aunt and the children of maternal aunts joined by both parents: that the paternal uncles and that surviving maternal aunt, as being nearer in degree, are preferred over the son of the paternal uncle and the children of the maternal aunts, nor is the right of representation or the duplication of the bond considered.