ОДРЕЂИВАЊЕ ВЕЛИЧИНЕ НУЖНОГ ДЕЛА
Assessing the Amount of Compulsory Portion

Summary/Abstract: In this paper, the author deals with an issue of assessing the amount of compulsory portion of compulsory heirs. In particular, the author focuses on considering the effects of the inability or unwillingness to succeed, as well as the changes in the amount of the legal portions (i.e. the amount of each forced portion). In case of indignitas and incapacitas to inherit, as well as in case of renouncing the inheritance rights and exeredatio nota causa, the author thinks that the legal portions of other legal heirs should be determined under the presumption that the heir (who cannot or does not want to inherit) died before the deceased. The institute exeredatio bona mente has the same legal effects but the hereditary portion of the deprived successor may belong only to his descendants, on the basis of the right of representation (ius representationis). When a compulsory heir does not require only the compulsory (forced) portion but wants to retain his legal portion, the legal and the compulsory portions of other compulsory heirs remain unchanged. The greatest dilemmas emerge from the effect that changes in the amount of the legal hereditary portions exert on the amount of the forced portions, especially when the legal portion partially or fully includes the usufruct right. The author questions the justifiability of assessing the amount of the compulsory share on the basis of the legal portion when it appears in the form of a usufruct right because it significantly complicates the assessment of the value of the compulsory portion, its possible violation and the scope of its violation.

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