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Present In Case Of Death In Our Law

Author(s): Nataša Stojanović
Subject(s): Law, Constitution, Jurisprudence
Published by: Универзитет у Нишу
Keywords: present in case of death; delivery; future codification of civil law.

Summary/Abstract: Discussed in this paper is a present in case of death observed, first of all, through the prism of the existing status of legislature in our law. Particular attention has been paid to determining legal nature of this civil law institute and its delimitation from delivery (legacy). Since the present in case of death has not, after the Second World War, because of a specific legislative law technique applied in this territory, found its place in none of law texts, the author proposes in this paper possible solutions for its legal norming. The existing decades-old legal vacuum, according to the author, must be "filled" by provisions of appropriate contents, for it is only in that way that uniformity of the court practice, respect of subjects equality principles in the legal commerce can be achieved as well as a certain level of legal safety.

  • Issue Year: 1/2002
  • Issue No: 6
  • Page Range: 719-727
  • Page Count: 9
  • Language: English