Theses de successione feudali

there is a different manner of succession among collateral Agnati relatives on the father's side in these cases.

XXXV.

And regarding a new fief, there is indeed no succession by ordinary law. Yet, if it has been accepted under that name, and it is so agreed by contract, or finally if it was acquired from the lord's enemy through joint effort, a mutual succession of Agnati is established from the person of the other.

XXXVI.

However, in an ancient and ancestral fief, another rule holds; for when the origin, beginning, and stem of the fief are considered, there is no succession of collateral relatives at all.

XXXVII.

Insofar, however, as they are collateral relatives and Agnati.

XXXVIII.

For since the fief is granted to the acquirer and to all descendants, whoever among the Agnati eventually succeeds does not come to the succession by reason of the deceased, but by reason of the first acquirer.

XXXIX.

Although they do succeed, and indeed in the place of the deceased, it is not as uncles, cousins, etc., by the right of the deceased, but as sons, grandsons, great-grandsons, etc., to the father, grandfather, and great-grandfather.

XL.

Because the fief, having been settled upon one lineage, came about from the division of co-heirs, not by the prerogative of this line; and it does not define the fief as belonging to the Agnati of another lineage.