SOME DILEMMAS ABOUT THE SURVIVING SPOUSE'S LOSS OF THE RIGHT TO INHERIT THE DECEASED SPOUSE

  • Novak Novak Krstić

Abstract

In contemporary succession law spouse's right to inherit the deceased


spouse is well protected. With the exception of the general conditions


prescribed for all heirs, the basic condition for the possibility of mutual


intestate succession of spouses is that they were married at the time of


the death of one of them. However, inheritance law regulates that


surviving spouse may lose the heritage in certain occasions, although


the marriage between spouses has ended by the death of the deceased


spouse. There are some substantial and procedure legal issues about


conditions for the loss of inheritance right of surviving spouse and the


way of it's realization before the court of law. Discussing about them,


the author indicates the failures in regulation and seeks to resolve some


dilemmas concerning the possibilities of the deceased spouse's heirs to


obtain a loss of inheritance rights of surviving spouse before the court


of law.

Published
May 21, 2019
How to Cite
NOVAK KRSTIĆ, Novak. SOME DILEMMAS ABOUT THE SURVIVING SPOUSE'S LOSS OF THE RIGHT TO INHERIT THE DECEASED SPOUSE. Proceedings of the International Scientific Conference "Social Changes in the Global World", [S.l.], v. 1, n. 5, p. 539-561, may 2019. Available at: <http://js.ugd.edu.mk/index.php/scgw/article/view/2952>. Date accessed: 15 aug. 2020.