УВОЂЕЊЕ УГОВОРА О НАСЛЕЂИВАЊУ У СРПСКО ПРАВО
INTRODUCING INHERITANCE CONTRACTS INTO SERBIAN LAW

Summary/Abstract: Inheritance contracts are prohibited under Serbian law, due to their alleged uselessness, rigidity, devious nature and propensity to make the probate proceedings overly complicated. However, it has been recently proposed by the Serbian Civil Code Drafting Commission to reconsider such prohibition. The main objective of this article is to examine the arguments for and against introduction of the inheritance contracts into Serbian law. The author starts off with the comparative analysis of German rules on inheritance contracts (Erbvertrag), seeing that German law sets out the most delicate provisions on this type of agreement as to future succession. The author examines situations in which it is justified to hold the testator obliged by his contractual dispositions in prospect of death (mortis causa), and disagrees with the claim that inheritance contracts are useless. Utility of the inheritance contracts was tacitly recognized by the legislator as early as 1955, with the legislative attempt to make up for the ban on inheritance contracts by fostering the rules on contracts for lifelong maintenance.

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