Irakli M. Lashkhiya

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.