ОДРИЦАЊЕ ОД НАСЛЕЂА У ЈУГОСЛОВЕНСКОМ И ФРАНЦУСКОМ ПРАВУ
INHERITANCE RENUNCIATION IN YUGOSLAV AND FRENCH LAWS

Summary/Abstract: The statement on renunciation of inheritance is a unilateral legal transaction which should meet general requirements for the validity of legal transactions - which is a solution both in French and Yugoslav laws. At the same time, inheritance renunciation is in both legal systems a legal power which is established in favour of persons claiming the ingeritan- ce. However, in French law both positive and negative statements of a successor have the character of legal power since they create specific legal change, which is the expression of the right of choice which takes place at the moment of the transfer of inheritance into the successors and which is later transformed into definite acquisition of the capacity of being a successor, or, as the case may be, into renunication of such capacity. In Yugoslav law this can be said only of the statement of renunciation, since tire statement of accepting the inheritance does not provoke a legal change at all, since the law presupposes that the successor has accepted the inheritance. The reason for existence of the successor's statement is providing certainty into the relations of interested persons. The author considers that the solutions adopted by Yugoslav law are more adapted to the requirements of legal security, because they are simpler and more up - to date than the one in French law.

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