EFFECTUATION AND PROTECTION OF THE RIGHTS TO A FORCED PORTION IN CONTEMPORARY SERBIAN LAW

Abstract

In this paper, the author focuses on the legal mechanisms for
effectuation and protection of the right to a forced portion in
contemporary Serbian law. Comprehensively, through a prism of legal
solutions, theory and judicial practice, the author considers the
following: disqualification objections, contesting a will, as causa
mortis, by reason of nullity or rescindability; bringing gifts and
legacies to collation for allocating the legitime and the forced portion;
modification of testamentary dispositions; objections to an
ungrounded exclusion from the heirship or to the deprivation of a
forced portion and the settlement of a forced portion violated with
excessive testamentary dispositions and gifts. In the paper, the author
makes an attempt to answer numerous disputable issues or those
insufficiently resolved, to "fill in" the blanks in the statutory text, and
proposes adequate alterations and amendments to certain individual
solutions.