ЛЕГАТ РЕАЛНОГ ТЕРЕТА И ПРАВА ГРАЂЕЊА У ГРАЂАНСКОМ ЗАКОНОДАВСТВУ РЕПУБЛИКЕ СРПСКЕ
LEGACY OF REAL BUILDING AND BUILDING RIGHTS IN THE CIVIL LEGISLATION OF THE REPUBLIC OF SERBIA

Summary/Abstract: A legacy is a provision of the will by which the testator instructs his heir or another person (the debtor of the legatee) to transfer to the legatee some property benefit from the inheritance, which may consist of handing over one or more specific things or rights, payment of a specific sum of money, release of a debt, maintenance, to some action, inaction or suffering in favor of the legatee, etc., i.e. in everything that can be the subject of any other obligation, provided that it is possible, permitted and determined or determinable. The object of the legacy, therefore, can also be one of the real rights. With the entry into force of the Law on real rights of the Republic of Srpska (Official Gazette of the Republic of Srpska, No. 124/08), the catalog of real rights was expanded in relation to the previously valid law by regulating real encumbrance and construction rights as new real rights. This created the possibility that both the real burden and the right to build could be the subject of legacies.

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