Dedna pogodba, dednopravne klavzule v ženitni pogodbi in skupna oporoka

slovenian

2008

Trusts and estates 

Inštitut za primerjalno pravo pri Pravni fakulteti v Ljubljani IPP-PF

In the article author deals with the institute of contract of inheritance and with the connected concept of inheritance clauses in prenuptial agreements and the institute of joint will. The problems are introduced from the domestic inheritance law point of view that in principle denies the validity of mentioned institutes. The comparative law perspective of the topic is also presented in the article, more in details the following countries: France, Austria and Germany. Author is posing a question if the valid regulation in Slovenian law is still acceptable, specially because it is somehow controversial in comparison with the new constitutional regulation. The Constitutional Court already accepted the decision regarding the question: the valid legal regulation in question is not in contradiction with the Constitution. Regardless of this, the author believes that the question of allowing the contracts of inheritance to be contracted de lege ferenda should be reconsidered carefully. That is specially true for the contracts of inheritance among spouses, joint wills and inheritance clauses in prenuptial agreements.

28.11.2016