Towards an Open and Flexible Imperative Inheritance Law
IMPERATIVE INHERITANCE LAW IN A LATE-MODERN SOCIETY: FIVE PERSPECTIVES, pp. 203-221, C. Castelein, R. Foqué & A. Verbeke, European Family Law Series No. 26, 2009
10 Pages Posted: 29 Mar 2011
Date Written: September 23, 2009
This article is the concluding chapter of the multi-disciplinary book on Imperative Inheritance Law in which several scholars have analyzed the issue from five different perspectives: anthropology of law, history of law, sociology of law, law and economics and comparative law. All five perspectives indicate that inheritance law is converging towards a more open system of imperative rules. Forced heirship regimes are weakening their claims, and strengthening the position of the testator. There seems to be some desire for more balancing of the entitlements of protected heirs with the autonomy and freedom of disposition of the testator.
We conclude that the institution of imperative inheritance law remains firm and thick. However the change in context of today's society necessitates adaptations in the concrete institutes and formats that realize the institution. Radically different institutes such as no forced heirship in Anglo-American tradition and strong forced heirship on the continent are evolving and converging towards each other, thus proving that they serve a similar deeper goal embedded in the institution of imperative inheritance law.
Keywords: Inheritance Law, Imperative law, Forced Heirship, Comparative Law, Anthropology of Law, History of Law, Law and Economics, Sociology of Law
JEL Classification: K11, K12
Suggested Citation: Suggested Citation