Review article
INTESTATE INHERITANCE OF SAME-SEX PARTNERS IN THE REPUBLIC OF CROATIA AND THE EUROPEAN UNION
Marija Serdarušić
; student, Faculty of Law Osijek
Marin Vladić
; student, Faculty of Law Osijek
Abstract
By adopting the Registered Partnership Act referring to same-sex couples in 2014, same-sex
partners entered the circle of intestate heirs. This is a step forward compared to the previous
regulation of inheritance rights, by which same-sex partners could potentially inherit only
on the basis of a will. In this paper, a positive outcome in the recognition and equalization
of the rights of same-sex couples in relation to heterosexual couples will be observed
from both theoretical and practical aspects, with emphasis placed on legal background of
inheritance in such unions. Positive laws that are in force in the Republic of Croatia present
the starting point for research in this paper. Further elaboration also includes comparative
analysis of legal systems of other European countries aimed at considering and determining
if there have been any significant novelties in the past five years that would place same-sex
partners in a less discriminatory position in relation to the spouses or cohabitants and their
descendants. Eventual progression set up in the Republic of Croatia (possibly also in other
European countries observed) is a consequence of a tendency to make changes imposed by
highly developed countries.
Keywords
intestate inheritance; life partnership; same-sex marriage; discrimination; comparative analysis
Hrčak ID:
222507
URI
Publication date:
8.7.2019.
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