THE MILITARY TESTAMENT IN ROMAN, FRENCH AND SERBIAN LAW

• Main Author: Vladimir Ilić
• Format: Article
• Language: English
• Published: University Business Academy in Novi Sad Faculty of Law for Commerce and Judiciary 2014-12-01
• Series: Pravo
• Online Access: https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/167

The military testament represents a special form of wills composed in emergency cases. Wills are made by servicemen mostly in situations when they are not enabled to make a regular testamentary disposition of their property. Taking into consideration the fact that this institute emerged in Roman law, the first part of the paper is dedicated to Roman testamentum in procinctu. Subsequently, the second and third parts are designed by the author in such a manner to present the military testament from the point of view of positive law, with a specific reference to the French and Serbian law. The primary goal of the paper itself is to provide the local expert public a more thorough introduction to the causes of a development and features of the given form of a testament. The second goal is related to the fact that the military testament is, in the Draft Civil Code of Republic of Serbia, regulated in the same manner as it is done in the Inheritance Act. Therefore, by indicating the shortcomings found in an already established solution, some suggestions and directions are going to be made for the purpose of their removal or correction in the latest Serbian Civil Codification.