Inheritance law
As a subjective right, inheritance law is the right (in Germany even a basic right according to Article 14 of the Basic Law ) to regulate dispositions of property or other transferable rights at the time of the death of the testator and, on the other hand, to also become the beneficiary of such dispositions (to " inherit ") . In an objective sense, the term inheritance law also refers to the legal norms that deal with the transfer of the property of a person ( testator ) to one or more other persons upon death.
Legal situation in individual countries
German-speaking countries
The inheritance law of all German-speaking countries is uniform in the following points:
- Legal succession if no will or inheritance contract has been drawn up
- Legal succession according to degree of relationship (close relatives are entitled to inheritance before distant relatives, children before parents, parents before siblings)
- Spouses and children (and, if there are no children, also the parents) each receive a compulsory portion that cannot or can only be canceled with difficulty by a will
- Persons in legal succession can be disinherited for serious reasons
Regarding inheritance law in the individual countries:
- Inheritance law (Germany)
- Inheritance law (Liechtenstein)
- Inheritance law (Austria)
- Inheritance law (Switzerland)
Other countries
- Inheritance Law (Bulgaria)
- Inheritance Law (Czech Republic)
- The Uniform Probate Code regulates inheritance law in 16 US states
literature
- Marius J. de Waal: Comparative Succession Law . In: Mathias Reimann, Reinhard Zimmermann (eds.): Oxford Handbook of Comparative Law . Oxford University Press, Oxford 2008, ISBN 978-0-19-953545-3 , pp. 1071-1098 .
- Karl H. Neumayer (Ed.): International Encyclopedia of Comparative Law . Volume V. Succession. Mohr Siebeck, Tübingen 2007.
- Murad Ferid et al. (Ed.): Internationales inheritance law . 88th edition. Loose-leaf commentary in several volumes. CH Beck, Munich 2013, ISBN 978-3-406-37932-1 .
- Gunter Wesener : Succession: Medieval and Post-Medieval Roman Law. In: Stanley N. Katz (Ed.): The Oxford International Encyclopedia of Legal History . Volume 5. New York 2009, pp. 384-396.
Web links
Wiktionary: Inheritance law - explanations of meanings, word origins, synonyms, translations
- Inheritance law in Europe - website of the European umbrella association of notaries' offices (CNUE) and the EU Commission (available in all EU languages)
- Heirs in Switzerland
- Lorenz Rollhäuser : Inheritance - Feudal relic and cherished privilege (archive) , Deutschlandradio , June 15, 2015.
Individual evidence
- ↑ Vivien Gertsch: The Liechtenstein law of inheritance. (PDF) Retrieved March 7, 2018 .
