CONCEPTUAL DIFFERENCES IN REGULATING COMPULSORY SUCCESSION IN THE  WORKING VERSIONS OF THE CIVIL CODES OF SERBIA AND NORTH MACEDONIA

DOI: https://doi.org/10.46763/SCGW24218k

Keywords: Civil code, compulsory succession, compulsory heirs, legal reform.

Although the Commission for the Drafting of the Civil Code of the Republic of Serbia ceased its work in

mid-2019, it can be expected that the prepared Pre-Draft of the Civil Code will serve as a solid basis for

future work on the codification of civil law. On the other hand, in North Macedonia, the Commission for

the Drafting of the Civil Code is actively working on the preparation of the codex, particularly making

significant progress in the regulation of inheritance.

Compulsory succession is a very significant area within the field of inheritance law, which in recent years

and decades has undergone significant changes in European continental legal systems. These changes

primarily manifest in the expansion of the freedom of testamentary disposition of the testator, resulting in

narrowing the rights of compulsory heirs. In the working versions of the civil codes of Serbia and North

Macedonia, there are significant conceptual differences in the construction of rules related to compulsory

succession. These differences are evident in defining the circle of compulsory heirs, the conditions they

must meet to be entitled to a compulsory share, the size of compulsory portions, the legal nature of the right

to a compulsory share, etc. The paper will point out the ideas that guided the editors of these two

codifications and discuss the substantial differences in the normative shaping of compulsory succession.

Additionally, the author will share his reflections on how this significant area of inheritance law should be

regulated.

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