Legal Position Of The Adminitrator Of The Succession Estate: De Lege Lata And De Lege Ferenda Cover Image

O pravnom položaju upravitelja nasledstva: De lege lata i de lege ferenda
Legal Position Of The Adminitrator Of The Succession Estate: De Lege Lata And De Lege Ferenda

Author(s): Nataša Stojanović
Subject(s): Law, Constitution, Jurisprudence
Published by: Универзитет у Нишу
Keywords: successors; administrator of succession estate; legal nature of administrator’s office; administrator’s right and duties; termination of administrator’s authority

Summary/Abstract: In this paper, the author explores the legal position of the administrator of the succesion estate in light of the current legislation, legal theory and judicial practice in some contemporary European legal systems, with specific reference to the Serbian legislation. In the author’s opinion, in order to promote legal certainty and provide for a more qualitative protection of successors’ interests, it is necessary to introduce some changes in the current Serbian legislation on this matter. Thus, the legal provisions concerning the successors’ right to designate the administrator of the estate should clearly stipulate whether the successors’ joint agreement on the appointment of the administrator should be based on their unanimous or majority decision. In case the administrator is appointed by the decision of a competent court, it is necessary to specify the scope of the administrator’s authorities, to precisely designate the types of costs and expenses the administrator is entitled to pay out of the succession estate and to lay down the normative framework on the termination of the administrator’s powers and the legal consequences arising thereof. As far as procedural matters are concerned, the author urges that the prospective modifications and amendments to the Serbian Non-litigious Proceedings Act shall more explicitly regulate the procedure for designating the court-appointed administrator of the succession estate.

  • Issue Year: 10/2012
  • Issue No: 1
  • Page Range: 13-23
  • Page Count: 11
  • Language: English