Il diritto ereditario dei parenti in prospettiva storico-comparatistica

Di Reinhard Zimmermann -
3_Zimmermann The law of intestate succession is faced with two central tasks: (i) to determine in which sequence the deceased’s relatives are called to inherit and (ii) to coordinate the position of the surviving spouse with that of the relatives. The present paper analyses how the intestate systems of the Western world deal with the first of these tasks. In spite of differences in detail, they can be subdivided into three types: the “French system”, the three-line system, and the parentelic system. All modern legal systems of the Western world attempt to take account of the deceased’s relatives in a rational fashion. In that respect they build on the scheme established in Justinian. . .