НАСЈБЕДНИЧКА ЗАЈЕДНИЦА И ПОСТУПАК ЊЕНЕ ДИОБЕ
INHARITANCE BOARD, AND THE PROCEDURE OF ITS DISSOLUTION

Summary/Abstract: Inheritance board is composed of more subjects-universal successors, and it includes the whole heredy. In our law theory, the question of the legal nature of the inheritance board is doubtful, from which is derivated the question of the moment of its formation. Namely, the dilemma boils down to the question: is the inheritance board the community of co-owners, or is it more the community of the parties in the joint property. The question is also: whether the legal nature of interitance board is changed in the moment of validity of the decision on succession, in relation to the legal nature that existed in the moment of the testator’s death. These questions are related to the question of the proccedure of the division of inheritance board, as one natural law phenomena. While analizing the relations between the interitors in the interitance board, we could notice that they rather look like legal relations that exists between co-owners, than the ones between the parties in the joint property. Such relations are established already in the moment of formation, respectively in the moment of the testator’s death. So, in the moment of validity of the decision on succession, the legal nature of inheritance board, does not change.

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