JAVNE ZAVEŠTAJNE FORME U SRPSKOM PRAVU

Abstract

A will is a strictly formal legal transaction. Due to the nature of the testamentary disposition, the form has a constitutive significance, and the testator can manifest his last will in one of the available testamentary forms prescribed by law. One of the basic clasification of testamentary forms is public and private. Public bequests are of special importance for the realization of the freedom of testation, because they provide the widest circle of persons with the possibility of its manifestation, as well as the greatest degree of legal certainty. The paper discusses the extent to which public forms achieve their legal purpose in testamentary law and meet the requirements of modern legal transactions mortis causa. In that direction, the question arises whether it is necessary to modernize the existing testamentary forms in Serbian law (primarily public), ie to introduce some new forms of testament and / or the abolition of old ones that have lost their practical application, all with the aim of enabling freedom of testation to anytestamentary capacited person in whatever circumstances he finds himself.