OGRANIČAVAJUĆE DEJSTVO TUMAČENjA ZAVEŠTANjA NA SLOBODU ZAVEŠTANjA

Abstract

One of the basic principles of inheritance law is the principle of freedom of testation, which manifests itself in three forms: freedom of making a last will; freedom to create the content of the last will; freedom to revoke a will. In the domain of the freedom to make a last will, the qualities of the will of the testator and the interpretation of the will are particularly important for determining the limits of the freedom of bequest, where supplementary rules of interpretation are of specific importance. In order to achieve and to affirm the freedom of testation, it is necessary to analyze and review the legal rules on interpretation, especially the subsidiary rule that favors statutory heirs, as represented in Serbian law.