ДРЖАВА КАО НАСЛЕДНИК
THE STATE AS SUCCESSOR

Summary/Abstract: Legal theory, legislation and judicial practice have for centuries a controversial approach to the problem of legal nature of acquiring inheritance without successor by the state. On the one hand, there is a stanдрoint according to which the state is privileged occupant of the vacant possession (inheritance), namely the one who acquires possession in its territory on the groun of its imperium. On the other hand, there exist numerous theoretical arguments, including some well-known civil codes, which undoubtedly favour the thesis of the state as the ultimate successor on the ground of law. Legal nature of the right of state to vacant possession is not set up clearly in Yugoslav law. Theoretical and practical reasons speak in favour - de legeferenda - that, similar to the solution found in the German Civil Code, one should accept the inheritance-law nature of that right of state. In addition, having in mind the reality of confronting interests of contemporary states regarding this issue (conflict of interests of immigration and emigration contries, which to quite a degree corresponds to the distinction between developed and developing contries), the author suggests that Yugoslavia promotes at the international level the adoption of a convention which would - by respecting interests of both groups of countries - finally solve the above problem. While submitting the draft of the fremework of such convention, the author emphasizes that it would very favourably influence the sphere of private international law, contributing thus to better legal certainty.

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