Testamental inheritance

Just a legal osmosis?

Jadranka, Đorđević-Crnobrnja

Glasnik Etnografskog instituta SANU

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http://www.doiserbia.nb.rs/Article.aspx?ID=0350-08611102007D

2011-2020/03/08/17:47:53

Bequeath, a dispose of personal property by the last will is an example of intervention of legislation within the complex of customary law. This influence is not unusual but certainly is less frequent than the influence of customary into civil law, especially so in their interaction within inheritance. This paper therefore tries to explain this example of legal osmosis in practice. In addition, the practice in testament inheritance shows also an influence of customary law into legislation. Hence, the paper will also try to discuss a relationship between customary and civil laws and succeeding problems in inheritance at the levels of individual and that of the society.

civil law, customary law, legal osmosis, testament/bequeath