The institution of hereditary succession expresses the need to protect private property (Article 17 § 1 of the Constitution). This is because if property were lost upon the death of its holder, it would create a risk for the smooth progression of transactions and bring insecurity to economic life, as this random and unpredictable event could thwart the progression of a contract. The particular significance of this event is further emphasized within the framework of a capitalist economic system, whose basic foundations are the duration and trust in contractual relationships. Additionally, the priority inheritance by close relatives serves as both a motivation for the development of personal property and an indicator of societal values. Thus, it becomes evident that through hereditary succession, the care and security of the family as a social group are also achieved (Article 21 § 1 of the Constitution).
Theory and jurisprudence, taking into account the fundamental purposes and objectives of these two institutions, were called upon to provide solutions to the issues that arose from their intersection. Therefore, the occasion for the preparation and simultaneously the aim of this study is to systematize the main issues, reconciling and mitigating the discrepancies, so as to demonstrate that with the cadastral system, the market for hereditary real estate will now be secure.
In more detail, the first chapter attempts to analyze the main issues of hereditary succession that arise at the stage of cadastral mapping, after first clarifying the necessary concepts and creating the necessary background for their understanding. Subsequently, the second chapter attempts to examine the problems from the intersection of these two institutions under the regime of an operational cadastre, while finally, the third chapter addresses specific issues (the relationship of the inheritance claim with the claim of Article 6 § 2 of Law 2664/1998, as well as that of usucaption with hereditary succession in the National Cadastre), without overlooking recent legislative developments. Finally, an appendix to the edition includes the most important decisions to date of the Supreme Court and the courts of substance on the above issues.