ПРАВНА ПРИРОДА НАСЛЕДНИЧКЕ ЗАЈЕДНИЦЕ
LEGAL NATURE OF THE COMMUNITY OF CO-HEIRS

Summary/Abstract: Legal nature of the community of co-heirs is not explicitly determined in Serbian law. There are various outlooks on this matter, both in legal theory and in the practice of the courts. This paper provides a comparative analysis of a number of different conceptions of legal nature of the community of co-hairs, that have developed in different legal systems of the European continent, including Serbia. The author concludes that the community of co-hairs in Serbian law should be understood as the community of joint owners (Gesamthandsgemeinschaft), from the moment of the decedent’s death until the division of the estate. The author also believes that the prospective Serbian Civil Code, which has entered the public debate, should embrace the concept of the community of co-hairs as the community of joint owners, and proposes a more precise regulation of this matter, in order to eliminate the existing confusion that exists in theory and practice.

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