ПРЕДМЕТ ЛЕГАТА У ПРАВУ РЕПУБЛИКЕ СРПСКЕ
SUBJECT OF LEGACY IN THE LAW OF THE REPUBLIC OF SRPSKA

Summary/Abstract: A legatee is an inheritance-legal institute, the definition of which was given by numerous legal theorists in this field, and its definition can also be found in the provisions of the law on inheritance. The predominant element in all theoretical definitions of legatee is the one by which the legatee represents a certain benefit that is left to the legatee at the expense of the inheritance, whereby the legatee has the property of a singular successor. This benefit is also an obligatory element in the legal definitions of legacies and represents the subject of legacies. In fact, the object of the legacy is determined like the object of any other obligation and can consist of giving, doing, not doing or suffering. Considering that it is an obligation, the subject of the legacy is not determined by the numerus clausus, so that it can consist of any obligation that is possible, permitted and determined or determinable. The Inheritance Law of the Republic of Srpska contains provisions that specifically regulate only endowment legacies and legacies left to creditors, while one general provision regulates the possibility of leaving legacies with any other object. It is this general provision that gives the testator the opportunity to leave a legacy in the will that will have any other content, that is, the subject.

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