Стицање предмета домаћинства и грађанско сродство
On Obtaining Rights to Household Items and Adoptive Kinship

Author(s): Dimitrije Ćeranić
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Obtaining rights to household items; Adoptive kinship; Full adoption; Partial adoption;
Summary/Abstract: Author attempts to analyze relationship between legal rules which in specific jurisdiction govern obtaining the right to household items and rules which regulate legal consequences of creating adoptive kinship. Since some legal systems stipulate that personal household items of lesser value for everyday use are not considered part of deceased estate, author raises the question as to whether individuals from adoptive kinship can exercise this right. Further aim of this paper is to estimate effects of possible exclusion and limitation of inheritance rights to household items of adoptees in partial adoption. Author also examines the effects that annulling an adoption oder which was created after death of a party to the adoption process, may have on obtaining the right to household items. Author came to the conclusion that, under all legislation analyzed in this paper, both adopter and adoptee from either partial or full adoption relationship are entitled to obtain household items. Exclusion or limitation of inheritance rights of the adoptee in the moment of creating partial adoption produces no legal effects on this right.In addition, the fact that an order of adoption created after the death of the decedent has been declared void has no effect to obtaining rights to household items of lesser value.

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