ОГРАНИЧЕЊЕ СЛОБОДЕ ТЕСТИРАЊА: ДОСТУПНОСТ ФОРМИ ТЕСТАМЕНТА ЗА ВРЕМЕ ПАНДЕМИЈЕ КОРОНА ВИРУСА (COVID 19)
LIMITATION OF FREEDOM OF TESTATION: AVAILABILITY OF FORMS DURING THE CORONA VIRUS PANDEMIC (COVID 19)

Summary/Abstract: Possibilities of realization of freedom of testation as the right of a person with testamentary capacity to dispose of their own property in case of death, from the point of view of permissible of testamentary form, depending on the needs and objectives by which modern law is guided in their regulation, are different. The subject of the paper is a comparative review of the existing forms of wills in order to perceive the scope of freedom of testamentary dispositions in the law of Serbia and other modern European laws, whereby the author’s attention is also focused on the limitation of freedom of testamentary dispositions caused by the current corona virus pandemic. It needs to be taken into account that, both on a European legal ground and worldwide, in order to contain this virus, appropriate regulations have been issued that govern certain emergency measures. It was observed that the application of the above measures during the pandemic led to a narrowing of the said freedom in Serbia and in other modern legal systems of Europe, since during its duration, the availability of certain testamentary forms, i.e. the possibility of their use, was made difficult or impossible for persons with testamentary capacity. Bearing in mind that every person with testamentary capacity needs to be able to dispose of a will on any occasion and at any time, the author points out in the work the necessity of guaranteeing the freedom of testamentary disposal even in emergency situations, such as a pandemic, looks at certain shortcomings in the domestic regulations and presents ideas regarding the possible ways of realizing this freedom de lege ferenda in Serbian law.

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