Berliner Testament: Peculiarities of the Mutual Disposition of Spouses Who are Heirs

Abstract

The article is devoted to the topical topic of inheritance law, set out in the field of interdisciplinary research of joint testamentary dispositions under the laws of Russia and Germany. Using the method of systematic analysis the legal constructions and peculiarities of the mutual bequests of spouses in German inheritance law are investigated. The article focuses on the peculiarities of cancellation and contestation of spousal wills under the Civil Code of Germany. The author explores the concepts of the "Berlin will" and the "joint marital will" from the perspective of the Civil Code of the Federal Republic of Germany. The article examines the effectiveness of the Berlin will, exploring the implications in the dissolution of the relationship and the remarriage of spouses; analyzes situations where there is a compulsory share of heirs. It is concluded that, in contrast to Russian law, inheritance law in Germany provides more opportunities for the testator to choose the appropriate type of disposition, as well as ways of legal protection in cases of annulment and contestation of the joint will. Approaches to solving disputes over joint bequests in Russian inheritance law from the perspective of restrictions on the freedom of the will and the legal protection of heirs have been proposed. The author considers it necessary The author considers it necessary to continue to study the existing experience of German law in the legal regulation of the institute of testamentary dispositions to solve the problems of current Russian legislation from the perspective of its possible borrowing and use in rule-making activity.