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4 Iustinianus Primus L. Rev. 1 (2013)
Effectuation and Protection of the Rights to a Forced Portion in Contemporary Serbian Law

handle is hein.journals/iusplr4 and id is 408 raw text is: Nataia Stojanovie, Ph.D.' EFFECTUATION AND PROTECTION OF THE RIGHTS TO A FORCED PORTION IN CONTEMPORARY SERBIAN LAW2 Abstract In this paper, the author focuses on the legal mechanisms for effectuation and protection of the right to a forced portion in contemporary Serbian law. Comprehensively, through a prism of legal solutions, theory and judicial practice, the author considers the following: disqualification objections, contesting a will, as causa mortis, by reason of nullity or rescindability; bringing gifts and legacies to collation for allocating the legitime and the forced portion; modification of testamentary dispositions; objections to an ungrounded exclusion from the heirship or to the deprivation of a forced portion and the settlement of a forced portion violated with excessive testamentary dispositions and gifts. In the paper, the author makes an attempt to answer numerous disputable issues or those insufficiently resolved, to 'fill in the blanks in the statutory text, and proposes adequate alterations and amendments to certain individual solutions. Key words: right to a forced portion, disqualification objections, contesting a will, collatio bonorum, modification of testamentary dispositions, objections to ungrounded disinheritance, violation of a forced portion, excessive testamentary dispositions and lifetime gifts. Introductory Notes The right to a forced portion represents the entitlement of a legal heir, who is particularly protected by the law, to inherit - irrespective of the testator's will, even against his will - a part of the estate, if he is seeking that. Forced heirs are a specially privileged category of statutory heirs whose inheritance-law entitlement directly arises from the imperative provisions of the Law on Inheritance of the Republic of Serbia.3 That entitlement may be disputed or violated in more than one 'Full Professor at the Faculty of Law of the University of NiA, Republic of Serbia. 2The paper is a result of the research on the Protection of Human and Minority Rights in the European Legal Space project (no. 179046), supported by the Ministry of Education, Science and Technological Development of the Republic of Serbia. 3See Article 39-60 of the Law on Inheritance of the Republic of Serbia (Official Gazette of the Republic of Serbia (RS), no. 46/1995 and 101/2003). Hereinafter, the following abbreviation will be used: The LIRS (orig. ZNRS). 1

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