Одступања од начела универзалности у наслеђивању у савременом српском праву
Derogations from the Principle of Universality in Succession in Serbian Contemporary Legislation

Author(s): Nataša Stojanović
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Serbian contemporary law; Principle of universality in succession; Principle of speciality in succession;
Summary/Abstract: The principle of universality in succession as one of the foundations of the institute of succession in Serbian contemporary law implies that the rules of legal inheritance are general, identical and equal for the testator and all heirs, irrespective of: sex, marital or extra-marital status, order of birth, age, religious belief, occupation, property opportunities, etc. This principle also suggests that the same rules apply to everything that constitutes the estate, regardless of the type, purpose, origin, and quality of goods. The Serbian legislator deviates from this supreme principle in the Law on Inheritance, which prescribes special inheritance rules for situations such as the inheritability of the right to request a reduction of a portion of a spouse’s inheritance portion as an heir of the second legal inheritance order; the inheritability of the rights and obligations referred to in a concluded lifelong personal care agreement, following the death of caregiver. By means of different types of legal analysis – legal dogmatic, normative, comparative, and historical – we will try to establish what the real range of the principle of universality in succession is, keeping in mind its limits as set out in other legal texts like the : Law on Business Companies, Law on Cooperatives, and Law on Decorations of the Republic of Serbia.

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