Agriculture is a very important economic field of any country, but sadly, it is also a field less and less attractive to younger generations. Because of the growing trend of fragmentation and abandonment of agricultural holdings in the last few decades, countries have been forced to employ measures for protecting and upholding its agricultural industry and one of the these measures, perhaps the most important one, is a special arrangement of succession of middle-sized farms (agricultural holdings), for those are the most common in these parts and besides their economic function represent a very important ecological and social asset. As it happens, these farms are also the most endangered, mostly by the danger of fragmentation, as with it, they might quickly lose the ability to uphold those functions.
Zakon o dedovanju kmetijskih gospodarstev (The law of the inheritance of agricultural holdings) is a law that follows the principles of the prevention of fragmentation of middle sized farms and the protection of their economic, social and ecologic functions and it enables the accepting heir of the farm to take the farm over under such conditions, that strain him as less as possible.
One of the institutes that serve this function is the adapted institute of compulsory portion, the understanding of which, at least in this context, differs from the understanding of compulsory portion in matters of regular succession, and so the compulsory portion and the special rules applying to it within the ZDKG, is a synonym for a constricted legitimate portion. Constricted in the sense of the circle of people eligible and also in matters of size, payment method...
In this thesis I have researched the legal basis and material institutes that are important for the succession of protected farms and the designation and calculation of the compulsory portion in these cases. I have looked over the procedural provisions and court rulings and have, through the method of interviewing, acquired first hand information about the procedure and the usage of these rules in practise.
I have come to the conclusion that the this arrangement, albeit not without its flaws and open questions, is functional and appropriate as a means to ensure the fulfilment of the set goals, although it, in my opinion, still shows some signs of older social systems (compulsion) and I can not rule out the possibility that it will, in future, follow the trends of ensuring greater freedom of choice for the parties themselves.|