Oral testament in the comparative and Serbian law

• Main Author: Gavrić Igor
• Format: Article
• Language: English
• Published: Bar Association of Vojvodina, Novi Sad 2015-01-01
• Series: Glasnik Advokatske komore Vojvodine
• Subjects: oral testament; historical legal development; comparative analysis; legal requirements; extraordinary opportunities
• Online Access: https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2015/0017-09331512571G.pdf

In life there are situations when, despite the desire to comply with the form provided for a legal transaction, this is sometimes not possible for objective and justified reasons, or its fulfillment is made more difficult. Life is more inventive than the legislator, and therefore in such specific situations the law provides for the absence of form or its reduction to the minimal requirements. This situation is also reflected in the possibilities for making oral testament. There are legal systems that permit and regulate this form of the last will, but there are also those in which it is not permitted or is even expressly forbidden. The primary objective of this study is to present a comparative legal practice of certain states in regard to this form of testing, as well as to note the similarities and differences in comparison to our inheritance law when it comes to this legal institution. A secondary objective of the study is to present the legal conditions under which an oral testament may be constituted.