REGULATIVA VANREDNIH ZAVEŠTAJNIH FORMI U SRPSKOM PRAVU SA OSVRTOM NA UPOREDNOPRAVNA REŠENJA

Abstract

The subject of this research is the normative framework of extraordinary testamentary forms in Serbian law, with reference to comparative legal models. Starting from the definition and basic characteristics of extraordinary wills, the author analyzes and critically evaluates the military and maritime will as the only regulated extraordinary testamentary forms in domestic law, highlighting their numerous shortcomings. A comparative analysis of selected European legislations enables an overview of different approaches to the regulation of these forms, as well as the identification of other extraordinary forms not recognized in Serbian law. Based on these findings, the author formulates proposals in the conclusion for improving domestic legislation, with the aim of ensuring greater accessibility, efficiency, and legal certainty in will-making under extraordinary circumstances.