Classes of heirs and the intestate succession rights of the surviving spouse in the European civil law tradition

AuthorSchiopu, S.-D. - Nicolae, I.
PositionTransilvania University of Brasov - Department of Private Law, Transilvania University of Brasov
Pages133-138
Bulletin of the Transilvania University of Braşov Vol. 4 (53) No. 1 - 2011
Series VII: Social Sciences • Law
CLASSES OF HEIRS AND
THE INTESTATE SUCCESSION RIGHTS
OF THE SURVIVING SPOUSE IN
THE EUROPEAN CIVIL LAW TRADITION
S.-D. ŞCHIOPU1 I. NICOLAE2
Abstract: The Roman law heritage is present even today in all legislations
which are part of the European civil law system. Since one of the most stable
parts of all civil codes is the one concerning the intestate inheritances, in the
light of the inheritance rights of the surviving spouse and the classes of heirs,
this article attempts to highlight the perpetuation of some characteristics of
the intestate succession since the late Roman law till the modern era in
France and Germany, without overlooking some aspects of our old legal
systems. Our analysis will confirm that some of the principles laid down in
Justinian’s legislation survived till nowadays.
Key words: ab intestate succession, inheritance rights, classes of heirs,
surviving spouse.
1 Transilvania University of Braşov.
2 Department of Private Law, Transilvania University of Braşov.
1. Introduction
Roman law is perhaps the greatest
contribution that Rome, the Eternal City,
has made to European civilisation. Even
after the fall of the Byzantine Empire in
1453, the Roman law continued to
influence the legal traditions of the
European states [15].
Since the Roman law heritage is present
even today in all legislations which are
part of the European civil law system, in
what follows we will attempt to highlight
the perpetuation of some characteristics of
the intestate succession, in the light of the
inheritance rights of the surviving spouse
and the classes of heirs, focusing on the
continued existence of the principles laid
down in Justinian’s legislation.
We will limit our analysis to the Roman,
French and German legal systems at the
beginning of the 21th century, systems
which are generally regarded as typical
within each legal system, in view of the fact
that France is an example of the civil law or
Roman legal system, subtype of the
Napoleonic Code, and Germany is also an
example of the civil law or Roman legal
system, but subtype of the Germanic system
[17].
2. The Late Roman Legal System
2.1. Introductory Considerations
With Justinian (527-565) began a new
era in the intestate inheritance. He issued
the Novel 118 on the 26th of July 543.
According to this Novel the estate should
devolve in accordance with the presumed

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