fertile octogenarian rule

The legal fiction, assumed under the rule against perpetuities, that a woman can become pregnant as long as she is alive.

• The case that gave rise to this fiction was Jee v. Audley, 1 Cox 324, 29 Eng. Rep. 1186 (ch. 1787). See W. Barton Leach, Perpetuities: New Hampshire Defertilizes Octogenarians, 77 Harv. L. Rev. 729 (1963).

— Also termed presumption-of-fertility rule.

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词条贡献者

译者Paul，毕业于一所培养最顶级翻译人才的语言学院，擅长翻译各种与地产争端解决相关的法律文件。