РЕГУЛИСАЊЕ НАСЛЕДНОПРАВНИХ ОДНОСА У НЕСВРСТАНИМ И ЗЕМЉАМА У РАЗВОЈУ
REGULATING THE INHERITANCE LAW RELATIONS IN - THE NON-ALIGNED AND DEVELOPING COUNTRIES

Summary/Abstract: The inheritance law of the non-aligned and developing countries shows somewhat less differences in the manner of regulation of inheritance law relations than is the case with the family law in these countries. This is particularly visible in relation to the nature of rules of their regulation, namely in the sources on the ground of which such regulation is effected. In other words, these are, as contrasted to the field of family law, primarily statutory enactments, while the rules of religious communities or the custom are only of secondary importance. This is particularly the case with the countries which have been relatively for a long time under the colonial rule by European countries. The author points out also at different kinds of statutory regulation of the inheritance law relations in the non-aligned and in the developing countries. One of these modalities is the regulation of these relations within the framework of the civil code, which is particularly true for the Latin American countries. The second modality relates to specific statutes on inheritance, which is characteristics for the majority of countries of Asia and Africa. Finally, the regulation of inheritance law relations by applying corresponding provisions of the statutory texts and enactments referring to other fields of the civil, or of the family law acquired its application today in some African and Asian countries. Due to the fact that considerable number of non-aligned and developing countries belongs to the group of countries with predomination of Islamic law, the author reviews in brief outline the regulation of inheritance law relations according to the rules of the Islam. Particular attention of the author is dedicated along these lines to the historical development and to basic characteristics of the Islamic inheritance law.

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