LA SUCCESSIONE EREDITARIA DELLO STATO NELLA TRADIZIONE ROMANISTICA
THE HEREDITARY SUCCESSION OF THE STATE IN THE ROMAN LAW TRADITION

Summary/Abstract: With regard to the issue of the acquisition of a vacant inheritance, important legal orders belonging to the Roman law tradition, even if recently modernized (as the Brazilian one), are still following the (mainly) public-law theory based on the occupation of the vacant inheritances by virtue of state sovereignty. The origin of such a theory dates back to the Middle Ages, then it has been further supported by the France scholarship and it has been somehow reinforced by the Regulation (EU) No. 650/2012, even if only from an international private law point of view. Nevertheless, the opposite private law theory based on the succession of the State as heir, adopted in Germany, Spain and Italy (and in many other legal orders belonging to the Roman law tradition) should be preferred in the future. This conclusion can be easily understood if only one deals with this subject matter adopting also an historical and comparative perspective, hence treasuring the Roman law lessons, although adapted to the innovations of the modernity and of the contemporaneity.

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