ZAJEDNIČKI TESTAMENT KAO INSTRUMENT PLANIRANjA NASLEĐIVANjA

Abstract

Testament is traditionally represented instrument of mortis causa disposition. Depending on the legal system, there are also other instruments of estate planning as substitute to testament, such as inheritance contract, contract on future inheritance or legacy, contract on waving future inheritance rights etc. Beside them, some legal systems recognize a special form of mortis causa bequests such as- joint which is specific by its legal nature, being between classic testament and inheritance agreement. The aim of this paper is to draw attention to the particularities of this legal instrument, which is not recognized in our legal system, and to point out its advantages and disadvantages through a comparative analysis with other related institutes (classic will, inheritance contract). The discussion is aimed to contribute the current reforming process of inheritance law, especially to the field of private autonomy mortis causa.