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

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.