Lišenje nužnog nasljednog dijela kao oblik zaštite imovinskih interesa porodice
Protection of Family Property Interests Through Deprivation of Forced Heirs of a Reserved Portion of Inheritance

Author(s): Maja Čolaković, Ramajana Demirović
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Will;Forcedinheritance;Relatives;Descendants;
Summary/Abstract: The paper explores the issue of the protection of family property interests through the institute of deprivation of descendants of a reserved portion of inheritance. The freedom to dispose of one’s property in a form of a will entails, inter alia, the right to deprive forced heirs of their right to a reserved portion of the inheritance if they are heavily indebted or squanderers. The analysis of motives, conditions and legal effects of deprivation of forced heirs of their right to a reserved portion in both Bosnia and Herzegovina and comparative succession laws indicates its twofold significance for preservation of the existential foundation of a family. Its primary goal is to guarantee the preventive protection of the deprived heir’s offspring. At the same time, the forced heir is protected as well, as he/she is deprived of the material preconditions that would enable further harmful undertakings that jeopardize their property interests. A number of Western European countries are currently undergoing a reform of their inheritance legislation that shows the tendency to reconsider the purpose of the institute of deprivation of heirs of a reserved portion as a form of restricting the freedom of testamentary disposition, which reform may result in the narrowing down of a number of forced heirs. It is, therefore, the aim of the paper to discuss de lege ferendae the justification for such provision in legislation of Bosnia and Herzegovina.

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