2001Zbornik radova Pravnog fakulteta NisRequires access

About the ancestors of a deceased as possible legal heirs

Nataša Stojanović

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Abstract

The ancestors of a deceased have an important place in the sphere of our legal inheritance. Parents of a deceased have not only the priority of inheritance in relation to other ancestors but are privileged as well regarding to the possibility of increasing their share of estate. Their share of estate can also be reduced, but only in the benefit of the spouse of a deceased. We think that the invitation to inheritance of all the ancestors of a deceased according to the regulations of the Law of Inheritance of Republic of Serbia is not justifiable because, among other things, it won't be widely applied in practice, it opposes biological laws and it doesn't correspond to the social reality. Therefore, we conclude that the most acceptable solution is the existence of the three legal orders of inheritance in the construction of our legal inheritance with a full application of the right of representation.

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What this paper is about

The ancestors of a deceased have an important place in the sphere of our legal inheritance. Parents of a deceased have not only the priority of inheritance in relation to other ancestors but are privileged as well regarding to the possibility of increasing their share of estate. Their share of estate can also be reduced, but only in the benefit of the spouse of a deceased. We think that the invitation to inheritance of all the ancestors of a deceased according to the regulations of the Law of Inheritance of Republic of Serbia is not justifiable because, among other things, it won't be widely applied in practice, it opposes biological laws and it doesn't correspond to the social reality. Therefore, we conclude that the most acceptable solution is the existence of the three legal orders of inheritance in the construction of our legal inheritance with a full application of the right of representation.

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Available abstract

The ancestors of a deceased have an important place in the sphere of our legal inheritance. Parents of a deceased have not only the priority of inheritance in relation to other ancestors but are privileged as well regarding to the possibility of increasing their share of estate. Their share of estate can also be reduced, but only in the benefit of the spouse of a deceased. We think that the invitation to inheritance of all the ancestors of a deceased according to the regulations of the Law of Inheritance of Republic of Serbia is not justifiable because, among other things, it won't be widely applied in practice, it opposes biological laws and it doesn't correspond to the social reality. Therefore, we conclude that the most acceptable solution is the existence of the three legal orders of inheritance in the construction of our legal inheritance with a full application of the right of representation.

Key concepts: Inheritance (genetic algorithm), Estate, Spouse, Relation (database), Genealogy, Law, Representation (politics), Sociology

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