TENDENCIJE U REGULISANjU RAZLOGA ZA ISKLjUČENjE NUŽNOG NASLEDNIKA IZ NASLEĐA

Abstract

Exclusion from inheritance is a form of property law sanction which is manifested in denying the right to a necessary heir to a share in inheritance in legally prescribed cases, based on the testator's wishes expressed in the will. The subject of this paper is to look at and analyze the reasons for inheritance exclusion from the angle of the history of Serbian law, the provisions which regulate this matter in current Serbian law, as well as those found in the legislations of EU countries: Croatia, Austria and Germany. The goal of this paper is to identify the tendences in regulating this matter. The author of this paper finds out that, given the nature and scope of actions defined as the reasons for exheridation, the testator is left with a vast number of possibilities to punish a necessary heir by excluding him/her from inheritance as a sort of reaction to his/her unlawful or immoral conduct. The author states that contemporary laws show the tendency to regulate the reasons for inheritance exclusion in a more extensive way which consequently narrows the legal scope of the institute of compulsory share. Yet, to avoid the risk of abusing this justified dominance of freedom of testation over imperative rules of compulsory share, the author of this paper believes that the scope of the resons for inheritance exclusion should be kept within certain limits, foresee that the reason for exclusion must exist in the moment of drafting the will and that the exheridation should be performed in an explicit way.