law as the legal basis to claim inheritance in the former socialist countries: russia, the czech republic, hungary and bulgaria

Abstract

In most European countries law is one of the two permissible bases to claim inheritance which, although being the weaker legal basis, is more frequently applied in these countries than testation, as a legal basis to claim inheritance. The most important facts which classes are based upon in modern legal orders are kinship, marriage and concubinage. The significance of the particular legal regulation of the relationship of kinship, marriage and concubinage in formulating rules of intestacy stems from the fact that the rules regulating this form of inheritance reflect a general opinion of a society concerning the manner in which legal consequences of the death of decedent should be regulated. In this paper we analise the specifities of legal regulation of intestacy in former socialist countries, majority of which are members of the European Union. More specifically, this analysis includes the laws of Russia, Czech Republic, Hungary ad Bulgaria. Hence, the subject of our research is to be observed from the perspective of comparative method, which is necessary in order to perceive certain similarities and differences in the positive law approach and that of legal theory in considering this issue. This method is, thus, the most suitable one for perceiving similar solutions and general legal principles, that modern laws of Europe are governed by when regulating intestacy.