Hereditary succession: differences in continental and Anglo-American Law

Abstract

The article compares the process of succession in civil law and common law. It is generally believed that the difference between them lies in the direct or indirect transfer of inheritance: in continental law the inheritance passes to the heir, while in common law the inheritance is first transferred to the personal representative and then to the heir (beneficiary). The author concludes that the reason for the difference is that in civil law the heir not only receives the inheritance, but also “liquidates” it, while in common law these tasks are distributed between the beneficiary and the personal representative. This helps to explain why common law does not provide for legates existing in civil law, and does not recognize a combination of limited and unlimited liability for the debts of the deceased. Furthermore, it follows that common law succession also provides for a universal succession that takes place not between the deceased and the beneficiary, but between the deceased and the personal representative.

References

1. Kofanov, L.L. (Ed.) (2005). Digests of Justinian. Vol. 6, 7. Part 2. Moscow (in Russ.).
2. Kofanov, L.L. (Ed.) (1996). Laws of the XII Tables. Moscow (in Russ.).
3. Kopylov, A.V. (Ed.) (2021, 2022). Codex Justinianus. Book 6, 7. Moscow (in Russ.).
4. Makovsky, A.L. and Sukhanov, E.A. (Eds.) (2002). Commentary to part three of the Civil Code of the Russian Federation. Moscow (in Russ.).
5. Kopylov, A.V. (2021). Legate, fideicommissum and gift in view of death in the Roman private law. Moscow (in Russ.).
6. Petrov, E.Y. (Ed.) (2015). The foundations of inheritance law of Russia, Germany, France. Moscow (in Russ.).
7. Petrov, E.Y. (2017). Inheritance law of Russia: the state and prospects of development (comparative legal research). Moscow (in Russ.).
8. Sukhanov, E.A. (2024). Property Law: A Scientific and Educational Essay. Moscow (in Russ.).
9. Khvostov, V.M. (1996). The system of Roman law. Moscow (in Russ.).
10. Goffin, R. J. R. (1901). The Testamentary Executor in England and Elsewhere. London.
11. Holdsworth, W.S. (1942). A History of English Law. Volume III. London.
12. Leleu, Y.H. (1996). La transmission de la succession en droit compare. Antwerpen, Bruxelles (In Fr.).
13. Pollock, F. and Maitland, F.W. (1999). The History of English Law before the time of Edward I. V. II. New Jersey.
14. Reid, K.G.C., Schmidt, J. P. and Zimmermann, R. (Eds.) (2011, 2025). Comparative Succession Law. Vol. 1, 4. Oxford.