Položaj nužnih naslednika u zemljama romanske pravne tradicije
Position Of Forced Heirs In The Countries Of Roman Legal Tradition

Summary/Abstract: This paper analyses the mandatory intestacy (forced heirship) in the countries of Roman legal tradition, in particular, the law of France, as a typical representative of the countries of the Roman legal circle, as well as the laws of Belgium, Spain and Italy, which also belong to this legal circle. The subject of the research was the way of determining the circle of potential forced heirs, but also of potential intestate heirs in the laws of this group of countries, because of the interconnectedness of these issues, as well as given the fact that the position of legislation of every particular country regarding their regulation, significantly reveals the hereditary position of relatives, spouses and concubinage partners as forced heirs. The analysis particularly covers the specific legal position of each individual heir, belonging to the aforementioned circle, which depends on the regulation of a number of issues, the most important of which are those related to the amount of the forced share and the types of inheritance/hereditary rights/powers obtainable by each forced heir based on the forced share. In its conclusion, the author is trying to point out the influence that the facts of kinship, marriage and concubinage, as legally relevant facts, presently have in formulating the rules of inheritance in the countries of Roman legal tradition. The author is also trying to observe the extent of similarities of the legislative approach and that of legal theory among the said countries regarding this problematic.

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