Облици и врсте тестамента у црногорском обичајном праву
Forms and Types of Testaments in Montenegrin Customary Law

Author(s): Savo D. Marković
Subject(s): History of Law, Civil Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Montenegrin customs' law;Testament;Types of testament;Oral testament;Written and signed testament;Testament written in the presence of witnesses;Written official testament;
Summary/Abstract: Montenegrin prescriptive law recognizes all kinds of testaments established by Justinian law and adopted by the majority of European laws from the Roman law. Two types of testament dominate in the Montenegrin prescriptive law - these are private and public testaments. The first one is made out of the court, and the second one is created with the involvement of the court. From the aspect of the way in which the testaments are made, the written testaments may be personally written and signed; written in the presence of witnesses and written with the participation of the court (public testament). An oral testament is a forerunner of the written one and it was the main kind of the testament in Montenegro in XV, XVI, XVII and by middle of the XVIII century, when it was surpassed by the written testament whose significance got increasingly important.

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