Descriptive factors regarding succession through the lens of national and international legislation: a comparative study

Abstract

Succession, both in national and international contexts, is governed by a complex set of rules that determine the transfer of a deceased person's estate. At the national level, in the Republic of Moldova, succession is regulated by the Civil Code, which provides provisions on intestate and testamentary succession, safeguards the rights of forced heirs, and upholds the testator's freedom to dispose of their property. At the international level, succession involves conflict-of-law rules in private international law and legislative instruments such as Regulation (EU) No. 650/2012, which harmonizes the approach to succession across EU member states and offers solutions for managing cross-border inheritances. Comparatively, in Romania and France, succession laws follow the civil law tradition but differ in the degree of freedom granted to the testator and the protection afforded to forced heirs. In the United States and Germany, the emphasis is placed either on individual freedom (USA) or on the protection of heirs (Germany). Globally, international conventions, such as the Hague Convention, contribute to resolving conflicts of law in cross-border succession cases. This study highlights the importance of legal instruments and a clear legal framework in preventing disputes and ensuring equitable succession across various jurisdictions.