ОСНОВИ НАСЛЕДНОПРАВНИХ ОДНОСА
FUNDAMENTS OF LEGAL INHERITANCE RELATIONS

Summary/Abstract: In the SFR of Yugoslavia the regulation of legal inheritance relations is in the competence of the republics and the autonomous provinces. In the Constitution of the S. R. of Serbia it is prescribed that certain questions of legal inheritance relations must be, for the territory of the entire Republic, regulated uniformly. This constitutional provision is made concrete in the provision of Article 223 of the Inheritance Act of S. R. Serbia, where it is stated which of the provisions of this Act form the "fundamental legal inheritance relations”. Analysing these two provisions the author comes to two conclusions: first that the constitutional provision regarding the "fundaments” is not well founded in the Inheritance Act of S. R. Serbia (as it mostly takes into account the universal legal inheritance rules, i.e. rules that have no alternatives) and second, that there exist differences in matters, which there are not supposed to be regulated differently in the Inheritance Act of SAP Vojvodina and the Inheritance Act of SAP Kosovo (being thus illegal and unconstitutional). Having all this in mind, the author sees the solution in drafting a particular bill which would finally resolve the question of the "fundaments”.

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