DOMAŠAJ PRAVILA O NASLEDNOPRAVNOJ TRANSMISIJI

Abstract

The subject of this paper is the consideration of controversial issues in both theory and practice concerning the scope of inheritance transmission, that is, the succession of the right to renounce an inheritance. In order to introduce this issue to the reader, the author in the first part of the paper reviews the conditions and prerequisites that need to be met for inheritance transmission to occur, as well as the subjects to whom its effects extend. The second part of the paper is devoted to its scope, which is analysed and interpreted in the context of current domestic legislation, as well as that contained in European legal systems (Germany, Switzerland, Croatia, Italy). The author finds that, for determining its effects, decisive importance lies in the application of the principle of ipso iure succession, mandatory universal succession, as well as the rules on the legal position of heirs which, inter alia, define the legal nature and characteristics of inheritance declarations and the consequences of making them.