Theses de hereditatibus, quae ab intestato deferuntur

intercourse, we establish that the same is to be observed regarding their parents.

ON THE SUCCESSION OF COLLATERALS.

LXXIV.
If the deceased has left neither descendants nor ascendants, the inheritance will belong to those standing on the side.

LXXV.
Among these, first of all are the brothers and sisters joined to one another from both parents, whom we also said are called to the inheritance with the ascendants, and they succeed per capita.

LXXVI.
The sons of pre-deceased brothers or sisters of the whole blood are also admitted together with them, but per stirpes by branch or line of descent.

LXXVII.
Indeed, these are even preferred to brothers and sisters joined from only one parent.

LXXVIII.
But this privilege, that they may succeed into the rights of the parents, is granted only to the sons; it does not extend to grandsons and further descendants.

LXXIX.
Whether the sons of brothers or sisters of the whole blood, if they are alone, succeed per capita or per stirpes, was once argued with the most serious reasons on both sides by Azo and Accursius? We will attempt to defend the opinion of Accursius, that they succeed per stirpes, respectively (for the sake of exercise).

XXC.
But Emperor Charles V ended this dispute in the Diet held at Speyer in the year 1529, with the consent of the Senate of the Empire, by decreeing that the sons of brothers must share the inheritance of their uncle per capita, not per stirpes.