The Influence of Fundamental Rights on the Law of Succession

Abstract

One of the most debated issues that European lawyers are tackling is the enforcement of fundamental rights in private law. Nonetheless, the intersection between inheritance law and fundamental rights is still neglected, due to the misleading idea of the static nature of the former. The aim of this paper is to investigate whether in Europe a nexus exists between the evolutionary patterns of inheritance law and fundamental rights. The article ascertains if and how the rules aimed at identifying the heirs have been influenced by the jurisprudence on fundamental rights, considering that those rights have emerged as leading factors in directing many legislative reforms. The paper then concludes by examining the possibility of a horizontal application of fundamental rights and, more specifically, if the will of the testator can be limited, somehow, by direct application of those rights, such as the principle of non-discrimination or the respect of private and family life.