UGOVOR O NASLEĐIVANjU KAO INSTRUMENT MORTIS CAUSA RASPOLAGANjA

Abstract

The demands of modern legal transactions that initiate the expansion of private law autonomy pertaining to death, impose at the same time the need for the reform of inheritance law in the direction of introducing more flexible instruments for the transaction of goods and services. In favour of more extended private law autonomy mortis causa, speaks the ongoing process of so-called contractualization of inheritance law, which is reflected in the introduction of inheritance agreements, as a flexibile instruments of transfer of the goods. One of the representatives of these contracts is the inheritance contract as an important instrument of estate planning, whose introduction is provided by the request of the modern market. The legal proposal of their introduction into Serbian law is included in the Draft of Serbian Civil Code, as well. That is why the research of this institute is a burning issue in the contemporary legal doctrine and requires specific attention, with the final aim to accelerate the circulation of services and goods in the 21st century.