Human Rights and Inheritance Law: A Mirrored Perspective
Human Rights and Inheritance Law: A Mirrored Perspective

Summary/Abstract: The enforcement of fundamental human rights in the spectrum of inheritance law has a lengthy history. From a modern perspective, we confront with a divergent dynamism: the inheritance law has a static dimension, being considered the traditional area of private law. On the other hand, the human rights are more dynamic, and urge to find themselves respected in all the areas of law. The article unfolds from two perspectives: a syncretic, at a national level point of view and a diachronic, evolutionary one, at a supernational level, of the way the jurisprudence on human rights led towards the legislative changes. As part of the national civil law system, as an anchor in private law, inheritance law is ruled according to internal provisions, making harmonizing the law a challenging endeavor. Despite mutual socio-historical heritage and Roman law origins, there are plenty differences within the substantive succession laws of Member States. Due to the intra-community right to free movement, the patterns of life changed, both from the perspective of the European Union and from the Member States” point of view. As a corollary, transforming life also means shifting the mortis causa legal approach, mainly by considering the succession law. The aim of this article is to examine the influence of human rights in the area of inheritance law, mainly in family law and property law, across different jurisdictions. Its structure will follow the paradigm of outlining the influence of fundamental human rights in contrast with the general principles of inheritance national laws. The article concludes by exploring the legislative impact and the limits that human rights have from the inheritance law perspective.

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