Full text of the paper:
Collected Papers of the Faculty of Law, University of Novi Sad
2017, vol. 51, No. 4, pp. 1541–1571
Language of the paper: Serbian
Original scientific paper
udk: 347.672(497.11+4)
doi: 10.5937/zrpfns51-16283
Author:
Jelena Vidić, Ph.D., Associate Professor
University of Novi Sad
Faculty of Law Novi Sad
jvidic@pf.uns.ac.rs
Abstract:
This article looks at the legal treatment of types of wills under exceptional circumstances in modern inheritance regulations. Declaring the last will through the mentioned forms, in domestic as well as in a number of other European legislations, is a legally allowed way of expressing the freedom of testation. The author gives a comparative overview of legal solutions dedicated to the mentioned forms of wills in contemporary European legislations, indicating the similarities and differences in their normative forms. Special attention has been paid to issues related to the circumstances in which it is possible to make extraordinary wills and the procedure of drafting, as well as to other formal conditions of their validity. The conclusion points to the justification of standardizing these forms of wills in our law, as well as to certain deficiencies in their existing regulation, according with which the certain proposals are made regarding their normative regulation de lege ferenda.
Keywords:
will, types of wills, exceptional circumstances, soldier’s will, mariner’s will, will formed aboard a plane.