Најбољи интерес детета у породичном и наследном праву
The Best Interest of the Child in the Family and Inheritance Law

Author(s): Miloš Stanković, Slobodan Panov
Subject(s): Civil Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: The best interest of the child;Nomotehnics;Legal inheritance;reduction of the hereditary part of the spouse up to two times;Change of the legal nature of the right to necessary part;
Summary/Abstract: The Serbian legal circle and its (modern) star: the principle of the best interest of the child. This principle is, prima facie, illsuited for the objection. Yet everything is in words because the word is “the logos which God breathes into substances in order to reach the fullness of God’s meaning”: the best interest of the child, in prima facie analysis, is a principle that has implicit absoluteness, a principle that is an axiom of nobility, a principle of the inevitable, monistic dialectic. However, the truth is not a value which for the covenant has a spiritual laziness manifested in “easy” knowledge at a “first glance”. The truth, scientific and in life, requires all sacrifice, the truth is in spiritual union with martyrion – witnessing the sacrifice and with painstaking knowledge of the concept, meaning, meandering, locating in the Pantheon of (all godly) legal values or the Parthenon (morally indisputable, virgin, innocent values and practices), degree of application, oscillation of the relation between universal and endemic.In the Serbian legal circle, the principle of the best interests of the child is the “voluntary” import with suspicious meaning and concretization. The initial suspicion of the principle of the best interest of the child is in the illusion of originality, that is, the cherished/designed illusion of the novum. Essentially, the best interest of the child has the power of natural law. It is an implicitly non-verbalized, not just rule, but also a contemporary experience, not only of legal entities, but of all other entities. It is a condition of life in the present and a condition of a comfortable future. Just as the law of the Earth’s weight tends to exclude democratic decision-making, especially established talents with chronically rusty results that have greatly empowered the modern family – as the Hilandar books say.We have written that Isidora Sekulić said that salvation was in isohymena (central line), in the panorama of cultural traditions and philosophy of the whole world. Milan Kašanin calls it the tradition of the Serbian spiritual synthetism, and Momčilo Nastasijević strives for a native melody (“As human as flower is above, so much root is below national ...”), and speaks of the danger “to reduce the whole globe to several emission springs, and all the rest of the world is haunted by the eternal passivity of receiving. Something creepy is absurd.”The principle of the best interest of the child in this paper is the thoughtful motive for the analysis of some institutions in Family Law and Heredi- tary Law (oscillation of the legal nature of the necessary part, deprivation of the right to the necessary part, reduction of the hereditary part of the spouse in the first hereditary order, conditions for the execution of the decision on inheritance when child heir, making an inheritance statement, specifics of reconstruction of the will ...).

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