Начела и основне карактеристике наследног права у СРЈ
The Principles and Essential Characteristics of the Law of Succession in Fry

Summary/Abstract: In the FR of Yugoslavia, inheritance is under the jurisdiction of the republics. Hence, there are two positive laws governing inheritance: those of Serbia and Montenegro. Our succession law does not contain principles, but they can be reached inductively through adequate scientific methods of interpretation. The author of the text analyzes both positive laws on inheritance, as well as the Inheritance Act of Serbia of 1974, which is, just as the positive law of Montenegro, based on the federal legislation on inheritance of 1955. The federal legislation was good, taking into consideration the circumstances in which it was passed (explicit negative attitude towards private property). However, many of its solutions are not adequate in new circumstances. On the other hand, the basic features of the positive laws on inheritance in Serbia indicate that the legislator has significantly and timely amended the rules of succession enabling thus a higher degree of protection of private property in this important legal matter. At the same time, certain solutions have been introduced in view of enabling the courts to achieve a higher degree of justice, particularly concerning the laws of intestate succession, where there had been cases that could be defined even as summa injuria. Inheritance is a traditional, very delicate, and thus, in a way, conservative, maybe even the most conservative area of civil law, and not only of civil law. This is the reason why any interventions in this matter are to be approached with utmost caution. Solutions contained in the succession legislation of 1955 are a result of several decades of scientific work and studying the best and lasting solutions in comparative law, found both in our and foreign court rulings, and legal tradition of the Serbian people.

• Details
• Contents