Holographic and written will made before witnesses in Serbian and comparative law
| Autor: | Vidić-Trninić Jelena Đ. |
|---|---|
| Jazyk: | English<br />Serbian |
| Rok vydání: | 2016 |
| Předmět: | |
| Zdroj: | Zbornik Radova: Pravni Fakultet u Novom Sadu, Vol 50, Iss 4, Pp 1251-1279 (2016) |
| Druh dokumentu: | article |
| ISSN: | 0550-2179 2406-1255 |
| DOI: | 10.5937/zrpfns50-12940 |
| Popis: | The author examines legal regulation of holographic and written will made before witnesses which represent private and regular forms of wills in the Serbian Law and other modern European Laws. A special attention has been paid to issues related to the requirements that must be fulfilled so that a will may be valid, and the procedure of drafting wills in domestic legislation in order to recognize good normative solutions and certain weaknesses in the legislation, particularly when it comes to the fact that the will has a protective function. The comparative analysis of legal solutions dedicated to the above forms of wills focuses on the differences, common solutions and basic principles that modern European legislation uses when regulating the above mentioned forms of wills. In the conclusion of this work, the author highlights advantages and disadvantages of holographic and written will made before witnesses, examines the extent to which their normative regulation in the domestic law is similar to and different from the existing normative regulation of these forms of wills in other European legal systems, takes into account the advantages of certain legal solutions noticed in the comparative law, and suggests possible directions legal regulation of these forms of wills may take in the future. |
| Databáze: | Directory of Open Access Journals |
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