О ПРЕЦИМА ОСТАВИОЦА КАО МОГУЋИМ ЗАКОНСКИМ НАСЛЕДНИЦИМА
THE DECEDENT’S ANCESTORS AS POSSIBLE LEGAL HEIRS
Author(s): Nataša StojanovićSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Нишу
Keywords: Parents; Right of Use; Other Ancestors
Summary/Abstract: The ancestors of a deceased have an important place in the sphere of our legal inheritance. Parents of a deceased have not only the priority of inheritance in relation to other ancestors but are privileged as well regar¬ding to the possibility of increasing their share of estate. Their share of esta¬te can also be reduced; but only in the benefit of the spouse of a deceased. We think that the invitation to inheritance of all the ancestors of a deceased according to the regulations of the Law of Inheritance of Republic of Serbia is not justifiable because; among other things; it won't be widely applied in practice; it opposes biological laws and it doesn't correspond to the social reality. Therefore; we conclude that the most acceptable solution is the existence of the three legal orders of inheritance in the construction of our legal inheritance with a full application of the right of representation.
Journal: Зборник радова Правног факултета у Нишу
- Issue Year: XL/2000
- Issue No: 40-41
- Page Range: 170-184
- Page Count: 15
- Language: Serbian