Full text of the paper:
Collected Papers of the Faculty of Law, University of Novi Sad
2019, vol. LIII, No. 3, pp. 881–907
Language of the paper: Serbian
Overview paper
udk: 347.65(4)
doi: 10.5937/zrpfns53-24252
Authors:
Jelena Vidić Trninić, Ph.D., Associate Professor
University of Novi Sad
Faculty of Law Novi Sad
jvidic@pf.uns.ac.rs
Milica S. Kovačević, Assistant
University of Novi Sad
Faculty of Law Novi Sad
m.kovacevic@pf.uns.ac.rs
Abstract:
The authors’ attention is focused on the legal regulation of hereditary substitution, that is, the replacement of inheritors as a modality of testamentary inheritance in the contemporary legal systems of Europe. The legislation in Serbia only accepts the possibility of alternative acquisition of inheritance rights, that is, vulgar substitution as a form of hereditary substitution, as well as those modalities of successive inheritance related to the fulfillment of conditions or expiry of the term, with the explicit prohibition of fideicommissary substitution in the case of death of the previous inheritor. By analyzing the domestic legislation, its advantages and some of its disadvantages, and especially considering the legal solutions to the institute of hereditary substitution in comparative law, the authors are taking the opportunity to point out the justification and possible ways of improving the existing normative concept of this institute in Serbian law.
Keywords:
ordinary substitution, fideicommissary substitution, institute, substitute, previous (preceding) heir, subsequent (latter) heir.