Hereditary position of a spouse in Serbian legislation
Under the Serbian Inheritance Act (1995), the surviving spouse is an heir of the first and the second line of succession. The specific hereditary position of a surviving spouse in the first line of succession may be influenced by a fact that he/she is not the biological parent to the children of the...
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| Format: | Article |
| Language: | English |
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Faculty of Law, Niš
2014-01-01
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| Series: | Zbornik Radova Pravnog Fakulteta u Nišu |
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| Online Access: | http://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2014/0350-85011466309V.pdf |
| Summary: | Under the Serbian Inheritance Act (1995), the surviving spouse is an heir of the first and the second line of succession. The specific hereditary position of a surviving spouse in the first line of succession may be influenced by a fact that he/she is not the biological parent to the children of the deceased (either all the children or some of them). Under certain conditions, the hereditary share of the surviving spouse may be reduced in favour of the decedent's children. The surviving spouse without necessary existential means may file a claim seeking usufruct for life (life interest) on the entire succession estate or on the part of hereditary property inherited by the other heirs of the second line of succession. This legal provision is a qualitative development in comparison to the provision contained in the 1974 Inheritance Act of the Socialist Republic of Serbia, which envisaged that the enlarged hereditary share passed into the ownership of the surviving spouse. The provision in the 1995 Inheritance Act takes into account the need for balancing the property interests of all heirs. This Act also allows the conversion of usufruct into life annuity but it does not envisage the possibility of conversion by a court decision. Moreover, the debtor of life annuity is not obliged to provide appropriate security for the payment of annuity. There is also a possibility of reducing the hereditary share of the surviving spouse upon a request of other heirs of the second line of succession. Instead of acquiring ownership, the surviving spouse may also opt for acquiring a usufruct for life on half of the hereditary estate. The surviving spouse may enjoy this right until the court decides on the other heirs' request on reducing his/her hereditary share. The hereditary share of the surviving spouse falling into the second line of succession may also be limited upon the request of the deceased's parents who do not have the necessary existential means of livelihood. |
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| ISSN: | 0350-8501 2560-3116 |