PRAVAC RAZVOJA ZAVEŠTAJNIH FORMI U SAVREMENIM PRAVIMA -sa posebnim osvrtom na vanredne forme zaveštanja-

Abstract

The historical development of testamentary law shows that the principle of formality has always been the foundation of inheritance, with the form of the will having a constitutive significance for its legal validity. However, modern social and technological changes have led to a reexamination of traditional formal requirements, especially in the context of extraordinary testamentary forms. These forms, due to their procedural complexity and limited applicability, are increasingly losing their significance, while in some legal systems it is proposed to abolish them or replace them with a single universal form of testamentary disposition in case of need. At the same time, the development of alternative instruments of disposition of property upon death — such as inheritance contracts, gifts upon death and other inheritance contracts — leads to the functional suppression of the classical will. The paper points to the need for a reform of testamentary law in the direction of rationalization, flexibility and digital accessibility, while preserving the essential values of the will as an instrument of mortis causa disposition.