Особенности наследственного права Германии конца ХIX века

Abstract

The features of inheritance in Germany under the Civil Code of 1896 are investigated. The doctrines of inheritance and types of inheritance under German law of the late nineteenth century are analyzed. The purpose of the hereditary reform of the Civil Code in the German Empire is analyzed and the conclusion is substantiated that it consisted in overcoming the diversity of hereditary systems of the German lands. It is summarized that this goal was achieved as a result of the formation of a unified system of norms, which was based on the traditions of German law, and also sufficiently took into account the interests of the emerging bourgeoisie. As a result of the reform, hereditary fragmentation in Germany was overcome, including in connection with an integrated approach to the regulation of hereditary relations. Conclusions are presented regarding the peculiarities of the regulation of inheritance law under the German Civil Code of 1896, which were distinguished by a visible contradiction between the preservation of orders having feudal features (in the field of land ownership) and capitalist (in the field of inheritance by will). It is also revealed that the inheritance law of the late nineteenth century contributed to the strengthening of the economic position of the Prussian burghers and contributed to the formation and strengthening of large capital in the German Empire.