Inheritance and Heirs in Roman Law: Impact on Modernity
Authors: Sigacheva E. L. , Borisova O. P. 
Published: June 2024

Introduction. The article examines the main provisions of the Roman legal tradition on inheritance in the context of the development of modern legislation in the field of regulation of hereditary legal relations. The article consistently examines the trends in the legal regulation of hereditary relations in the ancient Roman state, both in relation to the normative content of legislation and in relation to the evolution of individual legal means. Using the example of individual institutions of inheritance law – the inheritance contract, unworthy heirs – the article demonstrates the influence of Roman law on modern Russian legislation. An urgent issue for consideration is also the separation of hereditary property, which was solved in a peculiar way in Roman law. The question is raised about the possibility of adapting certain elements of the Roman legal tradition to the modern conditions of the development of hereditary legal relations.The article is based on the analytical approaches generally accepted in the doctrine of private law to understanding the nature of hereditary relations in ancient Roman legislation, based on commonly used terms. The analysis of inheritance in Roman law is based on historical sources (Digests, Institutions).The hypothesis of the article is to recognize the decisive influence of the main legal structures of ancient Roman legislation on the modern inheritance law of the Russian Federation.Materials and methods. The methodological basis of the study was the tools of the general scientific apparatus and special legal methodology. The article uses the historical-legal, formal-legal, comparative-legal method. The general scientific methodology is represented by the method of analysis, the formal-logical method, the dialectical method.Results of the study. As a result of the analysis, it was revealed that Roman private law is a unique historical and legal phenomenon that had a decisive impact on the development of the legislation of the states of the continental legal system on inheritance. The influence of the legislation of Ancient Rome on inheritance and heirs on the civil law of the Russian Federation, in particular the institution of unworthy heirs, where the unworthy heir initially had a positive appearance, and subsequently lost this status due to misconduct, is demonstrated. The current trends in the development of modern legislation of the Russian Federation on the inheritance contract, on separate hereditary property in the context of the influence of key ideas of Roman jurisprudence are considered.Discussion and conclusion. The influence of the legislation of Ancient Rome on inheritance and heirs on the civil law of the Russian Federation is also obvious. The influence of the Roman private law tradition on the civil legislation of the Russian Federation is considered in the context of the reception of universal hereditary succession, as well as the features of singular succession.The doctrine of hereditary succession is organically formulated by the civil law of the Russian Federation and has been further developed. The key elements of the modern system of inheritance law make it possible to overcome the limitations of the classical Roman legal tradition and ensure that legislation complies with current trends in the development of hereditary legal relations of individual institutions of inheritance law - inheritance contract, unworthy heirs, separation of family property.