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THE RIGHT TO INHERITANCE – BETWEEN THE PHILOSOPHY OF THE SOVIET LAW OF SUCCESSION AND THE CONCEPTION OF THE EU REGULATION 650/2012
Abstract
The inheritance institution even if dominated by tradition and conservatism was transformed during time in terms of concepts and procedural. These changes of the law texts which regulate the issue of inheritance were determined by culture, religion and political philosophy of the times. Since the primitive period, during which we can find instinctive and customary rules related to the transfer of property of assets held and used by the deceased during his/her lifetime, continuing with the Roman law in which the inheritance rules and regulations and the conditions of certification and capitalizing of a will shows the importance given to this institution, through the analysis of heritage institution during the socialist society, a period when the law of succession was affected by the communist conception on the right to property and to the point of assuming the right to inheritance as an European value by adopting the European instruments in this area which make the procedure related to the capitalization of this right predictable, useful, efficient and accessible, we can see the importance given to the institution of inheritance and succession procedure and the role of this institution in the development of family, economic and social relations of a nation. This paperwork emphasizes both the European solution given by the EU Regulation 650/2012 of the European Parliament and of the Council dated July 4, 2012 on competence, applicable law, recognition and enforcement of court ruling and acceptance and enforcement of certified deeds in matters of succession and regarding the creation of an European Succession Certificate and the reason that made this instrument to be developed, adopted and implemented.
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