SEPARATIO BONORUM IN CONTEMPORARY LAW
SEPARATIO BONORUM IN CONTEMPORARY LAW
Author(s): Nataša StojanovićSubject(s): Law, Constitution, Jurisprudence
Published by: Универзитет у Нишу
Keywords: Separation participants; separation conditions; separation time; legal consequences of separation
Summary/Abstract: In this paper, the author focuses on the institute of separatio bonorum, through the standpoint of legal solutions, judicial practice and legal theory in French, Austrian, Bulgarian, Slovenian, Croatian and our law. In the paper, the author proposes that the inadequacies of the current acts of the Republic of Serbia related to law of succession be removed through: the broadening of the number of authorized individuals who would have the right to separation of succession from the property of the successors; proportionality in the reimbursement of claims, in case a number of defunct's creditors (or creditors from some other category of entitled individuals) request separation, when the value of succession is insufficient to fully compensate for their claims; by prescribing conditions for undertaking this action in order to secure the claims and by extending the deadline within which separatio bonorum may be requested.
Journal: FACTA UNIVERSITATIS - Law and Politics
- Issue Year: 4/2006
- Issue No: 1
- Page Range: 15-22
- Page Count: 8
- Language: English