ANALYSIS OF THE RECEPTION OF CERTAIN PRINCIPLES OF ROMAN INHERITANCE LAW IN THE EUROPEAN LEGAL TRADITION

Romanova Natalia Vladimirovna

Roman law is still an important source of knowledge of current law, it is the basis of all modern continental codifications of civil law, as well as the indisputable core of private law. The same applies to inheritance law. This article is devoted to the analysis of certain principles of Roman inheritance law and their reflection in the legal systems of Central Europe. Among the principles devoted to, and to which they are directly related, are the principle of compulsory share and the principle of nemo pro parte testatus, pro parte intestatus decedere potest. Since Roman law is considered to be the unrivaled model in many modern codifications of civil law, it is pertinent to consider the extent to which contemporary European law is genuinely inspired by Roman law, despite a declared return to its Roots. The purpose of the article is to formulate each of these principles of Roman law and to describe its development over time, as well as to analyze the relevant provisions of the codes, in particular the Austrian General Civil Code of 1811, with an emphasis on whether the relevant principles were adopted "donor" or perhaps the legislator of the XIX turned away from them. This study is necessary for understanding the current legislation and opens up space for other questions, including the suitability of the modern concept of inheritance law.

Keywords:Reception of law, reception, legal transplantation, law and society, success of the reception of law, inheritance law, reception of the provisions of Roman law on inheritance, European legal tradition