ПРАВНИ ПОЛОЖАЈ ПРЕТХОДНОГ НАСЛЕДНИКА
LEGAL POSITION OF THE PRECEDING INHERITOR

Summary/Abstract: Under Serbian law, preceding and subsequent inheritor occur when testator appoints a successor under condition or with time limit. Terse rules of the Serbian Law on Inheritance qualify a preceding inheritor as an usufructuary. This opens up at least two questions. Firstly, what is the nature of the preceding inheritor’s legal position? Does he have a usufruct of the estate, or a sort of time-limited property rights? Secondly, does he have a right to dispose of the estate? The author starts off with comparative analysis of a number of legislative, doctrinal and judicial outlooks on these issues, and concludes that preceding inheritor may only hold a position of proprietor, limited in time and content. He may not be qualified as an usufructuary. On the occasion of the testator’s death, the preceding inheritor succeeds to his estate. His property rights are time-limited and restricted in substance.

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