Event Title

Adjusting of the court testament according to positive legislation in Kosovo and its practical application for the period 2009-2010

Session

Law

Description

This paper aims to analyse the positive legal provisions in Kosovo, according to which the Institute of Judicial Testament is regulated, respectively court testament. Research questions, which are addressed in the context of this paper are:

  • What are the required conditions to be filled with the law on the validity of the court testament;
  • To what extend is the court testament applied in practice, respectively what is as the percentage of cases for which the inheritance is divided according to the court testament;
  • Who are the most frequent legal heirs in practice who benefit from testamentary inheritance.

The paper was mainly accomplished relying on the method of analysis of the legislation and method of analysis of the judicial practice. As a result of this work, despite according to the law, the priority should be generally given to the inheritance with testament, in practice the testament is applied in the extremely rare cases. This is due to the lack of legal culture and awareness of citizens on the importance of the testament as well as other causes related to the previous judicial systems that were valid in Kosovo.

Keywords:

judicial testament, inheritance, heirs, the inheritance-testator.

Session Chair

Bekim Sejdiu

Session Co-Chair

Jorida Xhafaj

Proceedings Editor

Edmond Hajrizi

ISBN

978-9951-550-19-2

Location

Pristina, Kosovo

Start Date

26-10-2019 11:00 AM

End Date

26-10-2019 12:30 PM

DOI

10.33107/ubt-ic.2019.37

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Oct 26th, 11:00 AM Oct 26th, 12:30 PM

Adjusting of the court testament according to positive legislation in Kosovo and its practical application for the period 2009-2010

Pristina, Kosovo

This paper aims to analyse the positive legal provisions in Kosovo, according to which the Institute of Judicial Testament is regulated, respectively court testament. Research questions, which are addressed in the context of this paper are:

  • What are the required conditions to be filled with the law on the validity of the court testament;
  • To what extend is the court testament applied in practice, respectively what is as the percentage of cases for which the inheritance is divided according to the court testament;
  • Who are the most frequent legal heirs in practice who benefit from testamentary inheritance.

The paper was mainly accomplished relying on the method of analysis of the legislation and method of analysis of the judicial practice. As a result of this work, despite according to the law, the priority should be generally given to the inheritance with testament, in practice the testament is applied in the extremely rare cases. This is due to the lack of legal culture and awareness of citizens on the importance of the testament as well as other causes related to the previous judicial systems that were valid in Kosovo.