The Inheritance Pact

AuthorIris Berisha
Pages35-41
Vo
l.
5
N
o
. 2
Jul
y
, 201
9
ISS
N 2410-391
8
A
cces on
l
ine at www.ii
p
cc
l
.or
g
35
A
cademic Journal o
f
Business,
A
dministration, Law and Social Sciences
II
PCCL Publishin
g
, Graz-
A
ustria
Th
e
I
nh
e
r
i
t
a
nc
e
P
a
c
t
r
B
r
h
Ab
str
a
ct
T
his article illustrates the institute of inheritance pacts. Firstly this article is focused to the
origin and manner in which these agreements are treated in di erent legal systems, presenting
a
general classif‌i cation of their types and manner as they were treated in di erent historical
p
eriods, focusing on the features they have
.
Ke
y
words: inheritance pact, law, theory.
Introduction
T
he inheritance
p
act ma
y
be de
f‌i
ned as "an agreement that creates, modi
f‌i
es or revokes,
the
f
uture inheritance rights o
f
one or more
p
ersons
p
art
y
to this agreement".
1
The
c
ategor
y
o
f
inheritance
p
acts includes various t
yp
es o
f
negotiating instruments, which
are merged with the
f
act o
f
being an alternative and com
p
lementar
y
arrangement to
the testamentar
y
dis
p
osition
f
orm, through which one or more individuals regulate
t
hei
r
i
n
he
r
i
t
a
nc
e.
2
Th
ese
p
acts are
b
ase
d
on t
h
e testator's autonom
y
to negotiate,
so
h
e can
p
rotect
p
articu
l
ar situations an
d
interests in marita
l
re
l
ations
h
i
p
s, or in
relationshi
p
s created with his heirs, u
p
to the moment o
f
death.
Regulation 650
/
2012 in Article 3,
p
aragra
p
h 1, le er b, foresees the meaning of an
i
nheritance
p
act b
y
calling it "an agreement that is created b
y
the
f
ree will o
f
the
p
arties
w
hich is ca
p
able o
f
creating, changing or discard rights in the
f
uture inheritance o
f
o
ne or more o
f
the same
p
arties in the deal, with or without review’’
3
.Th
i
s d
ef‌i
n
i
t
io
n
i
s su
pp
orted b
y
the
p
reviousl
y
acce
p
ted de
f‌i
nition o
f
the 1989 Hague Convention.
I
t
h
as a wide sco
p
e o
f
action and is able to include in its
f‌i
eld o
f
a
pp
lication the entiret
y
of
various institutes which are
p
resent in the legislation o
f
the member states.
4
T
h
e
regulation makes a ver
y
broad de
f‌i
nition o
f
the "inheritance
p
act" conce
p
t, re
f
erring
to all mortis causa agreements, including those agreements resulting
f
rom a mutual
wi
ll
.
S
ince it is an agreement, the
p
acts have a contractual character, as a result, the
p
arties are bound b
y
the terms o
f
this agreement since its signing, ie inter vivos.
5
As
a genera
l
ru
l
e, t
h
ese
p
acts are irrevoca
bl
e,
h
owever, it s
h
ou
ld
b
e note
d
, t
h
at on t
h
e
o
ne hand, the
p
arties can negotiate on the reasons when it ma
y
be revoked
f
or each
party. Also, in the legislation that supports inheritance pacts, exceptional situations
py , g
1
E
. Ca
l
o,
Ilp
roge o
d
i Rego
l
amento
UE
su
ll
a
l
eggea
ppl
ica
b
i
l
ea
ll
e succession 2010,
p
age. 527.
2
P. De Cesari ‘’
A
utonomia
d
e
ll
avo
l
onta’’, Pa
d
ova, 2001,
p
. 99
.
3
Regulation (Eu) No 650/2012 Of The Euro
p
ean Parliament And Of The Council of 4 Jul
y
2012 on
“Jurisdiction, a
pp
licable law, recognition and enforcement of decisions and acce
p
tance and enforce-
m
ent of authentic instruments in ma ers of succession and on the creation of a
E
uro
p
ean Certif‌i cate
o
f S
u
cc
e
ss
io
n”.
4
Doctorate, Laura Vor
p
si 2015.
5
Cha
p
ter
III
of the Hague Convention of the
Y
ear 1989.

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