“Testate Succession” in the Italian and Georgian Legal Systems. Terminological Differences

Abstract

Throughout the centuries human societies of the world have progressively established closer contacts. However, the pace of these processes has significantly increased during the last decades. The growing tendency of globalization has stipulated the resemblance of juridical norms of different countries. The given paper is dedicated to the problems associated with the transference of a deceased person’s property. It describes a legal mechanism of practical realization of the right of inheritance and nominates it as one of the major rights of an individual. The rules of inheritance are usually applied after the death of a person. They comprise the norms of “testate” and “intestate” successions. However, “testate succession” - the inheritance established through the last will or testament – acquires pressing urgency in today’s world. It enables individuals to make valid distributions of their property during the epoch of “all-embracing” market economy. The given paper presents a precise study of the Italian (capitalistic) and Georgian (“almost” capitalistic) “testate successions”. It singles out major terminological units and underlines the most prominent differences of capitalistic and “almost” capitalistic mechanisms of the modes of inheritance.

DOI: 10.5901/mjss.2013.v4n11p352