КОНЦЕПТУАЛНА МИМОИЛАЖЕЊА У РЕГУЛИСАЊУ НУЖНОГ НАСЛЕЂИВАЊА У РЕПУБЛИЦИ СРБИЈИ И РЕПУБЛИЦИ СРПСКОЈ
Conceptual Distinctions in the Regulation of Forced Succession in the Republic of Serbia and in the Republic of Srpska

Summary/Abstract: In this paper, the author compares and provides a critical analysis of the legal solutions on forced (compulsory) succession as contained in the legislations of the Republic of Serbia and the Republic of Srpska. The author explores the Serbian Succession Act, which has introduced significant changes and novelties in the field of forced succession as compared to the former one, and observes the possible impact of this legal act on the new Succession Act of the Republic of Srpska. The author concludes that there are considerable differences in the regulation of the institute of forced succession in these two legal acts, primarily given the fact that the legal solutions contained in the current Succession Act of the Republic of Srpska have been almost entirely taken over from the former Inheritance Act of Bosnia and Herzegovina. In particular, these distinctions may be observed in the legal nature of the right to a forced portion, the settlement procedure in case of a violation of the right to a forced portion, the persons eligible to be forced heirs, the quantity of forced portion that each forced heir may be entitled to, and the legal requirements which may give effect to one’s exclusion from the distribution of the succession estate and depriving an heir of the right to a forced portion.

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