Between Custom and the Law. The Example of Inheritance in Serbia
Between Custom and the Law. The Example of Inheritance in Serbia

Summary/Abstract: In Serbia today, the rules of customary law apply in tandem with those of civil law, the pluralism being evident in various legal aspects. In this article I discuss this phenomenon as part of the institution of inheritance, as research into customary law in Serbia shows that it is here that the parallel application of laws is encountered most frequently. The rules of customary law, however, are in collision with the norms of state law. Furthermore, only civil law and the legislature possess legal legitimacy. In this paper I shall endeavour to consider and clarify the relationship between official and customary law in court practice. Research to date reveals a marked difference between legal and cultural norms and shows that court practice, in addition to permitting customary law to be applied to inheritance, contributes to reproducing patriarchal cultural patterns. I also conclude that civil law and legislation in Serbia represent an instrument of cultural petrification and not of social and cultural change.

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