BONA VACANTIA У САВРЕМЕНОМ НАСЛЕДНОМ ПРАВУ
BONA VACANTIA IN CONTEMPORARY INHERITANCE LAW
Author(s): Marina MijatovicSubject(s): Social Sciences, Education
Published by: Scientific Institute of Management and Knowledge
Keywords: bona vacantia;inheritance law;state succession;abandoned property;cross border inheritance
Summary/Abstract: The legal concept of bona vacantia, traditionally understood as property without an owner that passes to the state, remains one of the least explored yet most significant institutions in inheritance law. While rooted in Roman legal tradition, its contemporary application reveals a dynamic interplay between private law principles, public interest, and fiscal policy. This paper examines bona vacantia from a comparative and theoretical perspective, focusing on its legal nature, the procedures governing its acquisition by the state, and the socio economic implications of such transfers. Special attention is devoted to the question of whether the state inherits as a civil heir or acquires ownership ex lege by virtue of sovereignty, as well as to the treatment of abandoned assets in cross border inheritance cases. This study aims to provide a nuanced understanding of bona vacantia in the context of contemporary inheritance law.
Journal: Knowledge - International Journal
- Issue Year: 72/2025
- Issue No: 1
- Page Range: 113-118
- Page Count: 6
- Language: Serbian
