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In the collateral line you climb to the common trunk and then count back down

Last reviewed: September 12, 2026 — VerifiedPoder Judicial

In short

Many of the Code’s rules turn on a number: up to the fourth degree of consanguinity, up to the third degree, in the direct line. This chapter is the one that says how that number is obtained, and it is worth holding clearly because marriage bars, presumptions of creditor fraud and orders of inheritance hang from it. Article 370 sets the two coordinates: proximity of kinship is determined by the grade and the line joining one person to another. Article 371 defines the grade as the tie between two persons belonging to successive generations, and explains that a new generation exists each time that, from the common trunk, descendants generate successive births; those born of one person belong to the same generation. Article 372 defines the line as the uninterrupted series of grades, and splits it in two: the direct one, between persons who descend from one another, which is ascending or descending depending on where you look from; and the collateral one, between persons who do not descend from one another but proceed from a common trunk. Article 373 gives the easy count: in the direct line you count one grade for each generation joining the person to their ascendant or descendant. And Article 374 gives the one people get wrong: in the collateral line you add one grade for each generation joining the first person up to the common ancestor and, from there, you descend adding one grade for each generation to the collateral relative whose proximity is being computed. Up and then down. Article 375 closes with affinity: its proximity is determined by the number of grades in which each spouse stands to the other’s blood relatives. The chapter carries no examples and names no particular relative; it gives the method and stops there.

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What is it?

It is Chapter II of Title II of Book Two of the Civil Code of 2020, Articles 370 to 375: the method for counting in what grade and line someone is a relative.

Who can do it?

Anyone who must state in what degree they are related to another person: to inherit, to marry, for a bar or for a declaration.

Requirements

Documents you need

Cost

Check the current cost with the official agency.

Step by step

  1. Step 1: Fix the two coordinates

    Article 370: proximity is determined by the grade and the line joining one person to another.

  2. Step 2: Decide which line it is

    Article 372: direct if they descend from one another; collateral if they only share a common trunk.

  3. Step 3: Count the generations

    Article 371: a new generation exists each time descendants generate successive births.

  4. Step 4: In the direct line, one each

    Article 373: one grade for each generation joining the person to their ascendant or descendant.

  5. Step 5: In the collateral line, climb first

    Article 374: add one grade for each generation up to the common ancestor.

  6. Step 6: And then come down

    The same article: from there you descend adding one grade per generation to the relative.

  7. Step 7: For affinity, use the spouse

    Article 375: measured by the grades in which each spouse stands to the other’s blood relatives.

Where to do it

These six articles describe no procedure before any agency. And there is something worth saying before anyone goes looking for it: the chapter carries no examples and names no relative. It does not say in what grade a sibling, an uncle, a nephew or a cousin stands. It gives the counting method and stops there. This guide reproduces that method and does not publish a table of kinships the Code does not publish. How far each consequence reaches is not said by this chapter either, but by the particular rule demanding it in each case: the marriage bar, the presumption of creditor fraud, or the order of succession, each in its own article.

How long it takes

Check the current processing time with the official agency.

What to do if something goes wrong

Almost every counting error comes from mixing the two lines. In the direct line it is simple and hardly anyone fails: count one grade per generation between the person and their ascendant or descendant. The problem appears in the collateral line, where people try to count horizontally, as if one could move sideways. Article 374 does not allow it: you must climb generation by generation to the common ancestor, adding a grade at each step, and from there descend adding another grade for each generation until you reach the relative being measured. Up and down, always through the trunk. That is why it is worth drawing it before stating a number, especially when the rule being applied cuts at one particular grade. Second point: Article 371 defines the generation, not age. Those born of one person belong to the same generation, even if thirty years separate them; and a new generation appears each time that, from the common trunk, descendants generate successive births. Third point, for affinity: Article 375 invents no separate count but tells you to measure the grades in which each spouse stands to the other’s blood relatives, so the in-law sits at the same grade as your spouse’s blood relative. And a useful warning: this chapter does not say how far anything reaches. It only gives you the number. How far a bar or a presumption extends is in the article that establishes it, and you have to go read that one. MiPRFácil does not represent anyone in court and gives no legal advice.

Common mistakes

  • Counting horizontally in the collateral line: Article 374 requires climbing to the trunk and back down.
  • Forgetting to add the descending grades: they count as much as the ascending ones.
  • Confusing generation with age: those born of one person are of the same generation.
  • Applying the direct-line count to relatives who do not descend from one another.
  • Looking in the chapter for what grade a cousin or uncle stands in: it names no relative.
  • Expecting an official table of kinships: the Code gives the method, not the table.
  • Inventing a separate count for affinity: it is measured by the grades to the spouse’s blood relatives.
  • Believing this chapter says how far a bar reaches: that is in the rule imposing it.

Frequently asked questions

How is kinship between cousins or uncles counted?

By the collateral line: Article 374 orders climbing one grade per generation to the common ancestor and descending adding one per generation.

And in the direct line?

Article 373 counts one grade for each generation joining the person to their ascendant or descendant.

Does the Code say what grade a sibling is?

No. The chapter gives the counting method and names no particular relative.

How is kinship by marriage counted?

Article 375 measures it by the number of grades in which each spouse stands to the other’s blood relatives.

Official sources

These are the government pages this guide is based on.

Last verified

September 12, 2026

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