АКТУЕЛНА РЕФОРМА НАСЛЕДНОГ ПРАВА У ЦРНОЈ ГОРИ
АКТУЕЛНА РЕФОРМА НАСЛЕДНОГ ПРАВА У ЦРНОЈ ГОРИ

Summary/Abstract: The long process of inheritance law reform in the Republic of Montenegro was rounded off by the end of year 2008, with the enactment of the new Law on Inheritance. The author presents basic principles of the newly reformed Montenegrin law of inheritance, and calls attention to the flawed drafting which has resulted in vagueness of the Law and its internal inconsistencies. The author especially criticizes those legal institutions that are prone to facilitate circumvention of the constitutional principle of gender equality, and to deprive female heirs of their succession rights. First of all, the author disapproves of the rule under which the title is prevented from passing to the next intestate successor when the heir refuses to keep the inheritance. This means that disclaimer or denunciation of the inheritance bars the succession to the next intestate successor. Secondly, the author draws attention to the arguments against the inheritance waiver contract (the renunciation of inheritance rights contract, Erbverzichtsvertrag).

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