|Opis:||The thesis discusses the scope of inheritance law, specifically the institute of disinheriting the compulsory heir.
To make things clear, we initially presented the basic concepts related to inheritance. We described the differences between the statutory and testamentary succession, listed the hereditary orders and persons to whom the law gives the right of inheritance by a testator. We indicated the solution in case when someone who is entitled to inheritance by law, remains without it. This is the institute of compulsory succession.
However, it sometimes happens that the relationship between the deceased and his legal heirs is so bad, that it leads to frequent conflicts, threats, physical violence or even crimes against the testator and his family. Therefore, we also presented the institute of disinheriting the compulsory heir. This is also the main topic of the thesis, so we paid special attention to it and discussed it in detail.
We found out how it comes to disinheritance, for what reasons is disinheritance justified, what the conditions for its validity are and what its consequences are. We looked at the development and the foundations of the mentioned Institute in Roman law and observed that, just like the entire field of inheritance law, this law also developed from year to year. At first, the testamentary capacity of the testator and consequently the possibility to disinherit the heir was totally unlimited, later on the conditions slowly tightened.
For easier understanding, a brief comparison between disinheritance and hereditary unworthiness was written, since these two institutions are relatively similar.
As part of the withdrawal or reduction of the reserved part, we described the institution of deprivation of a reserved share in favour of the descendants, but the matter is not discussed in detail.
As a comparison, we also looked at how the Institute of disinheriting is dealt with in other countries, where we have focused only on Serbia and Croatia. We had some difficulties with Serbian literature, since it is all written in Cyrillic, whereas Croatian literature was hard to find in Slovenia. Nevertheless, we found some books from which we could make out that in these countries the mentioned institute is similarly arranged as in our country.
To help you imagine the process of disinheritance in practice, we examined the accessible judicial practice from this field. We realised that disinheritance in practice does not occur very often and that the procedures for its finding are quite lengthy. Perhaps this is the reason why the testators do not often decide for it.
Finally, we described two life examples and tried to figure out how the court would decide about them, according to the studied theory and judicial practice.
In the thesis we wanted to introduce the possibility, when the deceased for some of his own reasons, decides to punish his legal heir. We found out that the possibility of it exists, but it is very difficult to achieve in practice. We could say that the law in these cases is more on the heirs’ side and protects them, even if they have made mistakes in life that the deceased cannot forgive.|