Legal inheritance in the Republic of Kosovo

Podvorica, Hamdi (2011) Legal inheritance in the Republic of Kosovo. Iliria International Review, 1 (1). pp. 143-155.

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Abstract or summary

Legal inheritance is one of the most important institutions of inheritance law which regulates the process of legal transition of property of the decedent to one or several heirs. The establishment of the legal framework has brought about new reforms to the Inheritance Law. This has enabled the enrichment and functioning of the law. A particularly important step was taken towards regulation of legal procedures regarding to how courts, other organs and other persons should act regarding inheritance issues. Concretization of the legal authorizations of bodies authorized to enforce the procedure of processing hereditary property has established the legal basis for realization of the iso jure principle, according to which, at the moment of death of the person, the heirs gain the right of inheritance and the hereditary property is never left without a titleholder. This is a great advantage that we have noted in undertaking this analysis of the norms in this work, because leaving hereditary property for a longer period of time without a titleholder would render the property vulnerable to destruction, theft and extermination. The goal of this paper is to avoid focusing only on finding the positive sides of the normative regulation of the legal inheritance process, but also in finding practical deficiencies that are weighing down at the moment on this important process in Kosovo, and in proposing measures for overcoming them.

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