Open AccessTestamental inheritance: Just a legal osmosis?
Author(s) -
Djordjevic-Crnobrnja Jadranka
Publication year - 2011
Publication title -
glasnik etnografskog instituta/glasnik etnografskog instituta sanu
Language(s) - English
Resource type - Journals
eISSN - 2334-8259
pISSN - 0350-0861
DOI - 10.2298/gei1102007d
Subject(s) - inheritance (genetic algorithm) , legislation , law , dispose pattern , property (philosophy) , political science , intervention (counseling) , law and economics , sociology , engineering , psychology , philosophy , epistemology , biology , biochemistry , gene , psychiatry , waste management
Bequeath, a dispose of personal property by the last will is an example of intervention of legislation within the complex of customary law. This influence is not unusual but certainly is less frequent than the influence of customary into civil law, especially so in their interaction within inheritance. This paper therefore tries to explain this example of legal osmosis in practice. In addition, the practice in testament inheritance shows also an influence of customary law into legislation. Hence, the paper will also try to discuss a relationship between customary and civil laws and succeeding problems in inheritance at the levels of individual and that of the society