Dragica Živojinović, LLD^*

 

SUCCESSORS’ POSITIVE STATEMENT

IN IPSO IURE SYSTEM OF INHERITANCE

 

Summary

 

Since, according to ipso iure system of inheritance, the deceased person’s estate passes to his heirs at the moment of his death by the act of the law itself, the author of this is interested in finding the answer to the question whether the successors’ positive answer that they accept the inheritance share is necessary, and if so, what is the significance of such statement. The author analyzes this issue from the point of legal solutions given in domestic and German laws, taking into consideration legal theory as well. The role and significance of the successors’ statement related to the acceptance of their share of inheritance are established by discussing the following issues: what is meant by this statement and what effect it produces, which persons can make this statement, in what way it can be produced and what are its characteristics. The author believes that, despite its subsidiary and declarative effect, its legal significance is not negligible. By giving the positive statement, which is irrevocable, successors eliminate legal uncertainty in relation to the question whether the successors will or will not accept the acquired inheritance rights. The author also concludes that by defining the method of producing this statement (explicit or implied, even silent) and its characteristics (irrevocable, complete, unconditional and time-unlimited), an efficient and comprehensive system has been established leading accessors through probate proceedings leaving no space for confusion and misunderstanding, thus giving a significant contribution to legal certainty.

Key words: successors’ positive statement, ipso iure system of inheritance, renunciation (disclaimer of interest), successors’ legal position, universal succession.