Innovative Approaches to the Division of an Inheritance in a Deceased Estate: Lessons from the Babylonians 2000-1600 BCE

Abstract

This article provides insights into the legal and social contexts surrounding inheritance divisions in both Old Babylonian and South African cultures. It proposes an innovative approach to the division of inheritance in South Africa that is in line with the country's constitutional values and diverse cultural heritage. In order to compare the inheritance divisions, the study identifies the shared characteristics between Old Babylonian and South African practices. These inheritance divisions often involve disagreements and complexities among heirs, which may result in negotiations and the reorganisation of inheritances through mechanisms like sale, donation or exchange. By highlighting these commonalities the article sheds light on the differences and similarities in the legal and social contexts in which these divisions occur. While the South African approach has been influenced by Roman-Dutch legal scholars, incorporating the adaptable legal practices of the Old Babylonian tradition could introduce further innovation and adaptability to the South African inheritance division process