Intestate succession in Serbia from the 13th to the 19th century

[M. S. Momčilović]

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Biografija autora: list [8]. Bibliografija: listovi [1-15].

History of law

The subject of this dissertation is intestate succession and related institutes of inheritance law in Serbia, covering the period from the compilation of Saint Sava’s Nomocanon (Zakonopravilo) to the adoption of the Serbian Civil Code. The dissertation is structurally divided into seven sections, each corresponding to a distinct historical period within the observed timeframe. In the phase of scientific description, the primary goal of the dissertation is to provide a comprehensive overview of the provisions governing intestate succession in Serbian law from the 13th to the 19th century. In the phase of scientific discovery and explanation, its main aim is to determine the true meaning and origin of these provisions, as well as to establish the extent to which they were the result of indigenous legal development or of foreign legal influences, to identify the nature of these influences and the circumstances that led to their adoption.The social purpose of this dissertation is to enable an objective assessment and better understanding of certain phenomena present in contemporary inheritance law practice. Primarily, this refers to the de facto unequal treatment of male and female descendants, especially in the inheritance of immovable property.The dissertation also presents views on specific issues related to intestate succession in Serbia between the 13th and 19th centuries, which have not yet been thoroughly addressed or have remained open in legal scholarship — such as the genesis of intestate inheritance law in Emperor Dušan’s Code (Dušanov Zakonik).

nasleđivanje, intestatsko, Srbija, pravila, poreklo, uticaji, zakonik

inheritance, intestate, Serbia, provisions, origin, influences, code

347.65/.68(497.11)"12/18"(043.3); 34(091)

H 300

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