CONDITIONS FOR VALIDITY OF DEPRIVATION FROM THE COMPULSORY PORTION AND CONSEQUENCES

Abstract

Deprivation of the compulsory portion in favor of the descendants in order to be valid,
it is necessary to accomplish certain conditions. Such a valid deprivation from their side
more to cause certain consequences. Thus, in the paper we study the conditions for the valid
deprivation of the compulsory portion and the caused consequences. This of course from their
side leads to the elaboration of certain theoretical dilemmas. In this regard it is especially
important question whether the deprivation of the descendant in the will should state in whose
favor the deprivation is, that is, that deprivation is in favor of the descendants. Also eam of
attention is the question when there is a deprivation of the compulsory share in favor of the
descendants, whether the deprived descendant is considered to have died before the testator or
not? This is certainly important for which persons are called to inherit, ie which descendants
will inherit that part of the inheritance. Namely, the aim of the paper is to study the conditions
for deprivation, the consequences of such deprivation, theoretical dilemmas, with appropriate
application of comparative solutions.