УСМЕНО ЗАВЕШТАЊЕ У ПРАВУ СРБИЈЕ И ОСТАЛИМ САВРЕМЕНИМ ПРАВИМА ЕВРОПЕ
ORAL TESTAMENT IN SERBIAN LAW AND OTHER MODERN EUROPEAN LEGISLATIONS

Summary/Abstract: Relying on a comparative analysis of contemporary European laws, the author analyzes the existing normative framework and positions of modern European legislations on the institute of oral testament. In a number of legal systems, oral testament is not recognized as a form of testation but, in most jurisdictions, it is a legally allowed form of expressing the freedom of testation. In some jurisdictions, it is a regular form of exercising testamentary freedom but, in most European legislations that recognize it, oral testament (will) is an exceptional form of testation which is valid only if it is made under extraordinary circumstances. The provided analysis of legal requirements pertaining to the validity of oral testament in Serbian legislation focuses on the good normative solutions as well as the observed weaknesses in the domestic legislation, especially from the aspect of exercising the protective and probative function of this form of testament. By reviewing the legislative solutions on this form of testamentary disposition in other European laws, the author points to the differences as well as to common solutions and basic principles that modern European legislations are governed by in regulating this matter. Finally, the author suggests possible directions for its regulation de lege ferenda in domestic law, especially considering the advantages of certain statutory provisions observed in comparative law.

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