Testamental Inheritance - Just a Legal Osmosis?              Cover Image

Тестаментално наслеђивање – само правна осмоза?
Testamental Inheritance - Just a Legal Osmosis?

Author(s): Jadranka Đorđević-Crnobrnja
Subject(s): Anthropology
Published by: Етнографски институт САНУ
Keywords: inheritance; testament/bequeath; customary law; civil law; legal osmosis

Summary/Abstract: Bequeath, a dispose of personal property by the last will is an example of intervention of legislation within the complex of customary law. This influence is not unusual but certainly is less frequent than the influence of customary into civil law, especially so in their interaction within inheritance. This paper therefore tries to explain this example of legal osmosis in practice. In addition, the practice in testament inheritance shows also an influence of customary law into legislation. Hence, the paper will also try to discuss a relationship between customary and civil laws and succeeding problems in inheritance at the levels of individual and that of the society.

  • Issue Year: LIX/2011
  • Issue No: 2
  • Page Range: 7-17
  • Page Count: 11
  • Language: Serbian