INTESTATE INHERITANCE OF SAME-SEX PARTNERS IN THE REPUBLIC OF CROATIA AND THE EUROPEAN UNION

Sa？etak 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