Legacy in the Republic of Serbia: Concept and types

• Published in: Megatrend revija : međunarodni časopis za primenjenu ekonomiju 2021, Vol.18 (3), p.229-244
• Main Author: Račić, Anđelka
• Format: Article
• Language: Serbian
• Subjects: invalidity of wills; legal effect of wills; nullity of wills; source of rights; types of wills
• ISSN: 1820-3159; 2560-3329
• DOI: 10.5937/MegRev2103229R

The family is the basic cell of every society; in it the life of an individual rises, develops and disappears. Family relations are the basis of every social and state system. As a result, all state systems have been trying to keep family relations in peace for centuries. The death of a family member is one of the many factors that can disrupt family harmony, especially under the additional influence of property rights. Centuries ago, the issue of the testator's property was regulated by customary law, and then by legislation. The paper deals with the institute of bequest, as one of the forms of inheritance, with special reference to the types of bequests in the Republic of Serbia. For centuries, bequest has been the institutional of transferring the property and legal relations of the testator to the heirs. The will as we know it today in its form has its basis in Roman law, which had a great influence on the first European civil codes, the Civil Code and the Austrian Civil Code. These codes are still in use today, and their special significance is that they are a panda to all later adopted civil codes, ie to all later established civil legal bases. The Austrian Civil Code had a dominant influence on the settings of the regulation of civil law in the Republic of Serbia. Today, there are nine types of bequests. Each of them follows the life situations, circumstances and circumstances in which it arises.