УТИЦАЈ НЕДОЗВОЉЕНОГ МОТИВА НА ПУНОВАЖНОСТ ТЕСТАМЕНТА
THE INFLUENCE OF A PROHIBITED MOTIVE ON THE VALIDITY OF A WILL

Summary/Abstract: This paper discusses the influence of a testator's motives on the validity of a will. The introductory explanations deal with Art. 53 of the ZOO (Law on Obligations), which envisages that a prohibited motive will render gratuitous promises null and void if it has essentially influenced the donor's decision to make such a promise. The author goes on to analyze the distinction between the cause and the motive, and the ratio legis of the different treatment of an prohibited motive in contracts and gratuitous promises. In practice, the most important problem is to establish the testator's motives. The motives are the personal domain of the testator and, as such, they may not be known to others. Even so, it is the court's obligation by means of any evidence at all to establish the specific motives that led the testator to draw up his will.

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