INHERITANCE CONTRACT AND ITS SUBSTITUTES IN EUROPEAN AND SERBIAN LAW
INHERITANCE CONTRACT AND ITS SUBSTITUTES IN EUROPEAN AND SERBIAN LAW

Summary/Abstract: The subject of this study was to compare the contract of inheritance with other legal instruments of disposition of future inheritance that exist in some European legal systems, as well as with the lifetime maintenance contract in Serbian law. The aim of the research was to determine whether these instruments are adequate substitutes for the missing contract of inheritance or there is a need for its broader introduction into European legislation. In order to give an appropriate response to the imposed question, the coauthors briefly present the notion, legal nature and different normative concepts on inheritance contract in legal systems that recognize it. Afterwards, they consider alternatives to the contract of inheritance known in the Roman legal tradition (institution contrectuelle, donation-partage and patti di famiglia), which prohibit the inheritance contract, determining the main points of distinction, as well as similarities between them. In the second part of the paper it was discussed whether the lifetime maintenance contract in Serbian law can be considered as a substitute for the contract of inheritance. By comparing their key characteristics, coauthors come to the conclusion that differences are obvious and crucial (primarily relating to the object of disposition, legal effects and causa) and that there is only an illusion about their compatibility. Finally, the results of research are presented in the end of the paper, with the conclusion that current European systems, including Serbian law, need more flexible instruments of estate planning. The authors propose broader implementation of the contract of inheritance into these systems through liberal normative approach.

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