Treći nasledni red u pravu Republike Srpske

Abstract

The law of inheritance of the Republic of Srpska accepts the parentelar-linear system of succession by the operation of law. Specificity thereof, comparing to other systems, include the following: the circle of legal successors within the third inheritance order is restricted and does not encompass deceased's paternal- and maternal-uncle brothers and sisters aunts-brothers and sisters an their descendants; deceased 's grandfathers and grandmothers can not inherit when in competition with the deceased's spouse. The author criticises the above legislative solution on the ground of legal policy, since the text of the Law on Inheritance was inspired by the former socialist way of thinking about the institution of family that had to be atomised The relevant basis, consequently, has been the wrong conception of domination of the category of socialist ownership. The change of legal and economic basis of society where private property is taking over points at the need of changing the inheritance law regime in the Republic of Srpska in order to better preserving private ownership, while taking into account the importance of blood relationship as far as succession by operation of law is concerned. That is why, according to the author of the present article, it is unacceptable that a spouse can exclude deceased's grandfathers and grandmothers from the inheritance by operation of law.