This assignment deals with the law of succession in Russian Federation and Germany. The law of succession does not seem very interesting to the majority of the law students – and wrongly so! It is one of the oldest areas of law which roots go back almost to the Stone Age. It is based on the fundamental human right of property since it obviously does not exist in societies where the individual right to own and to transfer the ownership is not recognized by law or custom. In addition, this topic never stops being actual because nowadays almost everyone is confronted with it sooner or later by inheriting and/or bequeathing.
In case of Russia, we can additionally observe the particular situation of a state challenged to establish a new legal system after the collapse of the Soviet Union taking into account human rights in a relatively short period of time. The law of succession as part of legal order had also to be adapted to the new reality determined by the free market economy and developed rapidly.
Finally, Germany is one of the leading European countries with a very elaborated codification and broad scope of the judicial review whose example among others is bound to influence the Russian legal experts searching for time-tested patterns and trying to combine foreign experience with the peculiarities of the own country in order to create modern legislation.
In the following, we will overview the historic development of the law of inheritance both in Germany and Russia. After this, we will analyze the current legal situation in both countries, attempting to establish its relationship with the respective constitutional law as well as trying to show the similarities and find possible explanations for the differences. The conclusion will then summarize the findings obtained.
Table of Contents
I. Introduction
II. Historic Development
1) Germany
2) Russian Federation
III. Current legal situation
1) Constitutional basis
2) Sub-constitutional regulations and discussion of selected aspects
IV. Conclusion
Research Objectives and Key Themes
This paper aims to provide a comparative legal analysis of the law of succession in the Russian Federation and Germany, investigating how historical, political, and social developments have shaped current inheritance regulations. It examines the fundamental principles of succession in both jurisdictions, addresses the relationship between constitutional law and civil legislation, and explores how cultural mentalities and socio-economic contexts influence the practical application of inheritance laws.
- Historical evolution of succession law in Germany and Russia.
- Comparison of constitutional protections for property and inheritance rights.
- Universal succession principles and freedom of testation.
- Impact of social and economic changes on inheritance legislation.
- Legal differences regarding notarization, formal requirements, and family protection.
Excerpt from the Book
2) Russian Federation
The Russian civil law and especially the area of the law of succession, in contrast, underwent turbulent changes during the several last centuries.
The epoch of feudalism changed the society of “Ancient Russia” (Drevnaja Rus´) where the law of succession was scarcely developed. The broad right to hold land property with a freehold title gradually replaced the lease title granted by Tsar. Ivan the Terrible introduced the possibility to hand down the patrimony to the son unless he was not considered fit for military service. This provision excluded therefore “inferior” classes from the right to bequeath because only privileged classes could be called up. Unlike Russkaia Pravda, the 1497 Sudebnik (the Collection of Laws) allowed passing over the property to sons, daughters only if there were no sons and nearest relatives in case of childlessness also to the “inferior” classes.
From the 17th century on, under Tsar Alexej Mikhailovich, also wives and children regardless whether minors or of full age, fit to military service or not, received the right to inherit the patrimony. Significant is that according to the dogmas of the Russian Orthodox Church absorbed by law, the fourth matrimony was considered invalid so that children emanated from it could not inherit.
Chapter Summaries
I. Introduction: Presents the motivation for the study and outlines the comparative approach between the Russian and German legal systems regarding succession.
II. Historic Development: Details the historical evolution of inheritance law in both countries, highlighting the influence of Roman law in Germany and the turbulent legal transitions in Russia.
III. Current legal situation: Analyzes the contemporary legal framework, comparing constitutional foundations and specific civil code provisions.
IV. Conclusion: Synthesizes the findings, noting that while both systems share basic principles, cultural and historical context significantly impact their specific legal norms.
Keywords
Law of Succession, Russian Civil Code, German Civil Code (BGB), Comparative Law, Inheritance, Testament, Property Rights, Constitutional Law, Historical Development, Legal Systems, Universal Succession, Testamentary Freedom, Family Inheritance, Legal Mentality.
Frequently Asked Questions
What is the primary subject of this research paper?
The paper provides a comparative analysis of inheritance law within the Russian Federation and Germany, focusing on their historical foundations and current legal frameworks.
What are the core themes explored in this work?
The central themes include the historical development of inheritance rights, the constitutional guarantees of private property, the role of freedom of testation, and how social and political changes have dictated legislative shifts.
What is the main goal of this comparison?
The goal is to understand how two different legal cultures have developed their inheritance systems and to highlight the relationship between national history, social mentality, and the codification of civil law.
Which scientific methods were employed?
The study utilizes a comparative legal research methodology, examining historical documents, constitutional texts, and civil code provisions to draw analytical parallels.
What is covered in the main body of the text?
The main body reviews the historical development in both nations, explains the constitutional basis for inheritance, and discusses specific sub-constitutional regulations like notarization requirements and the legal status of different heirs.
Which keywords characterize this document?
Key terms include Law of Succession, German Civil Code, Russian Civil Code, Comparative Law, Testamentary Freedom, and Legal Development.
How does the Russian requirement for notarization differ from the German approach?
Russian law typically mandates notarization to ensure certainty and prevent fraud, whereas German law allows for valid wills written and signed by hand without mandatory notarization.
Why does the paper emphasize "mentality" in legal inheritance?
The author argues that legal systems are not isolated; they reflect social values and family structures, such as the stronger cross-generational financial ties in Russia compared to the more individualistic approach in Germany.
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- Irina Kharag (Autor:in), 2008, The Law Of Succession. A Comparison between Russia and Germany, München, GRIN Verlag, https://www.grin.com/document/138954
