Social values as succession law limits: Focus on the succession law of Slovakia

Abstract

The paper examines the intricate relationship between social values and succession law, specifically focusing on the Slovak legal system. Drawing on Thomas Hobbes's notion of law as society's collective moral compass, the paper argues that social values not only form legislation but can also be shaped and redefined by the law. The paper begins with an overview of the Slovak succession law, grounded in Act No. 40/1964 Coll. the Civil Code. The paper then delves into the role of social values as both limits and frameworks within which succession law operates. Five vital social values are examined in detail: liberty, family relationships, equality, responsibility, and community welfare. The paper scrutinises how these values are manifested in the Slovak succession law, illustrating both the alignment and tension between social values and legal norms. In particular, the author explores the balance between individual liberty and family relations in succession, the evolving recognition of various family forms, the implications of equality within the context of succession, the moral and legal responsibilities of heirs, both towards the deceased and towards third parties, as well as the broader societal implications of succession law in promoting community welfare. While the Slovak Civil Code has been subjected to ample and substantial amendments in the past years, the analysis reveals that it still reflects the societal norms of its time of origin. In response to societal shifts, further revisions may be necessary to align it with contemporary social values and family structures. The paper may contribute to understanding the dynamic interplay between law and society within Slovakia's succession law framework, but the presented insights may also pertain to other jurisdictions.

Keywords

• social values
• succession law
• slovakia
• family
• liberty
• equality
• community