Наследноправна дејства уговора у наследном праву
Inheritance-related Effects of Contracts in Inheritance Law

Author(s): Tamara Đurđić-Milošević
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Contracts in inheritance law; Succession agreements; Inheritance contract; Contract on assignment and distribution of property for life; Lifelong support agreement; Inheritance-related effects;
Summary/Abstract: Disposition in contemplation of death is equated in Serbian law with testamentary disposition. This identification is a consequence of the traditionally ingrained understanding that the last will can be manifested only in the form of a last will as a one-sided, personal, revocable statement of will that is not conditioned by the will of other persons. Hence, in Serbian law, a will is the only legal transaction that can serve as grounds for claiming inheritance. In other legal systems, primarily German legal tradition, in addition to bequest as an instrument of voluntary inheritance, there is contract of inheritance as the strongest basis for inheritance, but there are also other types of contract-governed inheritance-related consequences of death of a person (contract on future inheritance / legacy, contract on anticipated renunciation of inheritance in different modalities). Positive inheritance law of the Republic of Serbia does not allow for inheritance contracts as instruments of inheritance planning, but governs certain agreements that determine the legal status of heirs, which is why they are of special importance for inheritance law - such as lifelong support agreements and contract on assignment and distribution of property for life. In this paper, author tries to determine the inheritance-related effects of these contracts (their intensity and scope) and thus find the justification for the fact that these contracts are traditionally governed by the inheritance laws. Finally, by comparing these agreements as permissible instruments of property disposal in Serbian law with inheritance agreements of modern legal systems, an attempt is made to determine the boundary line in the domain of inheritance-related effects of these institutes.

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