Hereditary position of relatives in direct ascending and collateral line, spouses and cohabitation partner: Comparative legal analysis

Abstract

This paper analyses hereditary position of ascendants and collateral relatives on one hand and a surviving spouse and cohabitation partner on the other hand, as intestate successors in the modern laws of Europe, particularly those belonging to the European civil law system, which also includes the Serbian legal system. The subject of the research is observed through the prism of comparative method which is necessary in order to obtain a comprehensive insight into the scope of application and the manner of usage of kinship in direct ascending and collateral line and marriage, that is, cohabitation, as material facts in formulating the rules of inheritance. This method further allows to recognize certain differences and, more importantly, similarities and common solutions and general legal principles that these laws are governed by in their legislative and theoretical approach regarding this issue. In this way we aim to answer the question to what extent the relationship between the kinship in the direct ascending and collateral line and marriage, in Serbian law, is synchronized with legal standards adopted in legal systems of the most other European countries; and whether there is a need in the local law, in particular in terms of adoption of the Civil Code of Serbia, for certain inheritance law reforms relating to regulation of this issue.