Социјална улога установе наслеђивања у руском и српском праву
Social Role of the Institute of Succession in Russian and Serbian Law

Author(s): Nataša Stojanović
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Social role of the institute of succession; Russian law; Serbian law;
Summary/Abstract: In this paper, the author considers the social role of the institute of succession, starting from the solutions contained in the current inheritance law regulations of the Russian Federation and those of the Republic of Serbia. The research has been conducted with the aim of finding some substantiated answers to the following questions: Whose inheritance law regulations, of the Russian or the Serbian legislator, provide a socially fairer distribution of inherited goods and prompt a socially more beneficial behavior or individuals? Where is the institute of succession, as a legal creation, more in the service of preventing any disruptions in the society that can be brought about by the death of one person and of preserving private property - in Russia or in Serbia? Which inheritance law regulations, Russian or Serbian, better protect the economic base of the family and the interests of persons completely or partially incapable of reasoning or those materially deprived who were related to the testator during his life? For the purpose of this paper, the following methods are used: dogmatic, normative, comparative, and historical. In order to achieve higher level of social well-being, to mitigate to a greater extent differences in an inheritance law situations of those who inherit in a concrete case, and to protect more completely the interests of materially deprived persons who were either aided by the testator or aided the testator during his life, the author proposes some adequate amendments to the current inheritance law regulations in the Republic of Serbia that would be moving in the direction of an increased social role of the institute of succession as a legal creation.

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