THE EFFECT OF THE JUSTINIANIC REFORM OF FORCED HEIR INHERITANCE LAW ON MODERN FORCED HEIR INHERITANCE LAW OF THE REPUBLIC OF CROATIA

Abstract

Forced heir inheritance law was developed in Roman law as protection against a possible
abuse of the freedom to make a will. The Justinianic reform of forced heir inheritance law
regulated the said legal institute in such a way that its influence is evident in contemporary
forced heir inheritance law of the Republic of Croatia. The first part of the paper focuses on
a historical review of the development of forced heir inheritance law in Roman law from the
introduction of the said legal institute to Justinianic reforms. Reforms were made over a long
period of time, changing forced heir inheritance law significantly. The first part of the paper
analyzes historical development so that the legal institute of forced heir inheritance law and
its adaptation to social needs can be better understood.

The second part of the paper analyzes the contemporary legal arrangement of forced heir
inheritance law in the Republic of Croatia. The discussion is focused on those parts of
Croatian contemporary forced heir inheritance law that show the influence of Justinianic
reforms, taking into account social circumstances of the modern era.

The final part of the paper gives concluding remarks in relation to the contemporary
arrangement of Croatian forced heir inheritance law, the importance of the reforms
presented in the paper and the expected changes in the legal arrangement of forced heir
inheritance law in the future.