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Aakritu   16 March 2022

Legal maxim

What is the importance of the maxim of "Annus Luctus"?


 1 Replies

Aarushi   16 March 2022

The maxim of Annus Luctus is of Roman origin and literally means the year of mourning. It was a rule followed by the Romans, Danes and Saxons. It states that widows should not marry within a year of their husband’s death. This was done to prevent any confusion which might occur in case of a conception over the paternity of the unborn child. A marriage within nine months from the death of husband is not illegal but rather not advised. This principal was further emphasised in the case of Moss v. Moss, where the judge held that in cases of confusion in paternity of the child, the Dutch Law follows the Civil Law and the principal of Annus Luctus is followed. This maxim is also behind the custom of wearing mourning clothes.

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