О најзначајнијим новотама и највећим недостацима Преднацрта Грађанског законика Србије у области наслеђивања
On the Most Significant Novelties and Major Flaws in the Pre-Draft of Serbian Civil Code in the Field of Inheritance

Author(s): Novak Krstić
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: The Pre-Draft of the Civil Code;Inheritance;Contract on inheritance;Will(testament);Heirs;
Summary/Abstract: Book V of the pre-draft of the Civil Code of the Republic of Serbia is dedicated to the inheritance. Inheritance law provisions in the Pre-Draft are based on solutions from the Serbian Inheritance Act of 1995 and have the same systematization that is established in this Act. However, as the Inheritance Act has been applied for more than two decades now, the codifier has, in light of certain current trends, proposed some new legislative solutions in the field of inheritance in comparative law. In the paper, the author critically examines the most significant novelties proposed in the Pre- Draft: doubts about the introduction of the contract on inheritance in Serbian law; dating holographic will as a condition of its validity; the extension of fiction of nasciturus; the expansion of the reasons for unworthiness to inherit; changes in regulation of collatio bonorum; changes in liability for the decedent's debts in case of renunciation of inheritance in favor of coheir, etc. The author, however, does not dwell on that but points out the failures of the Civil Code Drafting Commission to regulate some very important issues and indicates that some of the existing solutions should keep up with contemporary social trends and trends in comparative laws.

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