Legal-historical Analysis of the Hereditary Position of the Surviving Spouse in Montenegro

Abstract

This study traces the evolving hereditary position of the surviving spouse in Montenegro, charting its course from the Middle Ages and the socialist period to the present day. Designed to assist those who have lost their partners, this institution has undergone significant transformations, mirroring broader societal shifts. Viewed through a historical lens, this research delves into the impact of Montenegro’s culture on the role and legal position of the surviving spouses, scrutinising the state-driven initiatives and norms that have shaped its succession law. As Montenegro transitioned from socialism to a more modern landscape, this institution adapted, responding to changing social structures, economic progress, and cultural transformations. Notably, this shift seems to hark back to earlier times, before liberal socialist laws, favouring traditional views of how men and women relate rather than embracing progress in their roles. Even though modern regulations aim for equality between spouses, the lived experiences of women often reveal persistent discrimination, largely due to entrenched societal expectations. Through a thorough analysis of both historical context and contemporary challenges, this research sheds light on the process of shaping the hereditary position of the surviving spouse in Montenegro and offers a comprehensive legal-historical analysis of the development of the institution. Finally, the study delves into the assessment of whether Montenegro’s current succession law, with its specific provisions governing the status of the surviving spouse, could inadvertently perpetuate discriminatory treatment of women in their capacity as surviving spouses. It also explores effective preventive measures and practical approaches to address and mitigate any such discriminatory practices that may persist within the current legal framework.