But, as I said, it is not the case with the Dukedom of Hernani.
Yes, Cayetana could have ceded the Dukedom of Alba to her eldest son, because he was her legal heir, but not to anybody else. A King can abdicate, as you say, but he cannot designate an heir.
The Duke of Huescar can certainly renounce to inherit the title, because,as you know, titles are not automatically inherited. But, since he already has a daughter, he could not cede it to his younger brother.
On the contrary, I read your post with great attention.
As I wrote, and you probably read, I mentioned Cayetana ceded several titles, but not the Alba one.
But my question remains :
What is the legal reason (Law, Decree, etc) for Maria be prevented from leaving the Hernani title in her will to her son.
OTOH is there a legal impediment for Cayetana to have given away the Alba title to her elder son during her life ?
If a spanish King (JC) could abdicate, I don't see why a spanish Duchess could not.
Not that in Spain that matters, but in Germany, when nobles don't marry equally, they renounce their titles.
I imagine if the elder son to the present Duke of Alba was a furious republican, he would not be bound to succeed the title and could renounce/cede it to his younger brother.
So it doesn't seem to be so black and white.
Unless the Law says otherwise...
Once again, it is obvious my posts are not read.
Cayetana had many, many titles. Infanta Margarita only one hereditary title. Can you see the difference? Cayetana could not cede or distribute( which is quite different to designate a successor) the Dukedom of Alba. The same for the Dukedom of Hernani.
We all know that Cayetana of Alba left several of her titles to her children.
She was not the first holder and she had descendants.
OK, she did not dispose of her main title that was legally bound to her elder son.
So if Cayetana could dispose of her titles and give them to her children, why couldn't Maria Z. in the future, dispose of the Hernani title in favour of her son ?
Again? Please, read my posts. Only the first holder of a title with no descendants can designate a successor. That was the case with Manfredo. But that faculty does not apply to posterior holders.
If Manfredo could leave the title to his distant cousin Margarita, I can't see any reason why a future Duchess Maria Zurita could not leave the title to her son Carlos in case he could not inherit.
Who could be Maria's successors who would challenge her decision ? Infanta Pilar's elder son or his descendants ?
Or, in case Maria inherited the title from her brother, may be a first cousin from the Zurita side of the family (don't know if there exists any, if C.Z. has any siblings).
A future husband could adopt her son, but not acknowledge him, as you suggest. That would mean that he is his biological father.
About other what-if’s , no idea. That is uncharted territory. I suppose all would end in a legal battle. Who knows.
Could the third Duke or the fourth Duchess with no legal heirs available choose Maria's son Carlos as their heir? Could young Carlos be made legitimate if Maria married and her spouse acknowledged her son? Would it depend on if she married a man or a woman (not that i have any clue on what Maria's sexual preference is but im interested in the legal aspect of the situation)?
She cannot designate an heir because she has descendants.
Only the first holder with no descendants can designate an heir. That was the case with the first Duke of Hernani.
And she could only cede the title to her legal heir.
Is it still possible for Infanta Margarita to either designate an heir to cede the title to who she wants to succeed?
Legally, illegitimate children have no rights, as the Supreme Court has sentenced. When the law was changed to establish cognatic succession, the requirement of legitimacy was not changed.
But, as there are no legitimate descendants to inherit the title after Maria Zurita, I do not know what will happen if her son petitions to inherit it and the closest legitimate heir challenges that succession.
This title has been subject of an unorthodox succession when the last duke Manfredo could leave the title not to his close relatives, but his distant cousin, Infanta Margarita Duchess of Soria.
The Infanta has two children: Alfonso, unmarried and w/o issue and Maria Zurita, who has a son born by FIV.
At Margarita's death, Alfonso (should he survive his mother) will inherit the Hernani title - the Soria having been created for life for Margarita.
If Alfonso won't marry and have legitimate issue, the H. title will pass to his sister.
Is her son considered legitimate for title succession purposes, being the child of a single mother, w/o knowing who his father was ?
This is a new reality who will probably spread in the future.
Has there been any other case among spanish aristocracy ?
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