OBLICI ZAVEŠTANjA U SRPSKOM PRAVU

Abstract

The subject of this paper is to investigate the influence of the testamentary formalism on the realization of the testamentary freedom. In this context, the author of the paper explores whether the legal conditions for disposing of the property in case of death on the basis of a certain type of testament and the formal requirements for the validity of each of them are defined in Serbian law in such a way that they offer good basis for the realization of testamentary freedom. Having given brief description of the types of testaments in the history of Serbian law, the author continues to research this matter in contemporary Serbian law by classifying the types of testaments based on their principal characteristics. In the central part of the paper, the author aims to determine whether the existing forms of testaments secure the authenticity of the last will of the deceased and legal security and underlines strength and weaknesses of all nine forms of testaments in Serbian law. In concluding remarks, the author argues that the low number of wills as the basis of inheritance, as well as their frequent annulment by court as a result of failing to meet the formal requirements for their validity, point to the fact that there is a need for the reform in this field of law and proposes some de lege ferenda solutions.