Compulsory Share of Inheritance and its Infringement
Session
Law
Description
The compulsory share of inheritance and infringement of this share is a matter of special importance for the inheritance law in the Republic of Kosovo. One of the grounds for inheritance is through will. This ground to acquire inheritance or the freedom to draft a will nowadays is accepted in all rights. Every rule has its exceptions. The property disposition is limited in the real law as the contractual freedom is limited in the law on obligations. Similarly, the right-freedom of will is limited in all legal systems. The inheritance law recognizes mechanisms over limitation of disposition though will, the most known and efficient way is the compulsory share. Namely, pursuant to imperative norms it is established that the decedent cannot dispose freely with one share of hereditary property, as it belongs to certain persons despite the decedent’s willingness. Persons who are guaranteed this share of inheritance are called compulsory heirs and they have available appropriate measures to acquire this right on compulsory share, if it is infringed.
Keywords:
will, compulsory heir, compulsory share, infringement
Proceedings Editor
Edmond Hajrizi
ISBN
978-9951-982-41-2
Location
UBT Lipjan, Kosovo
Start Date
25-10-2025 9:00 AM
End Date
26-10-2025 6:00 PM
DOI
10.33107/ubt-ic.2025.260
Recommended Citation
Idrizi, Nehat, "Compulsory Share of Inheritance and its Infringement" (2025). UBT International Conference. 23.
https://knowledgecenter.ubt-uni.net/conference/2025UBTIC/LAW/23
Compulsory Share of Inheritance and its Infringement
UBT Lipjan, Kosovo
The compulsory share of inheritance and infringement of this share is a matter of special importance for the inheritance law in the Republic of Kosovo. One of the grounds for inheritance is through will. This ground to acquire inheritance or the freedom to draft a will nowadays is accepted in all rights. Every rule has its exceptions. The property disposition is limited in the real law as the contractual freedom is limited in the law on obligations. Similarly, the right-freedom of will is limited in all legal systems. The inheritance law recognizes mechanisms over limitation of disposition though will, the most known and efficient way is the compulsory share. Namely, pursuant to imperative norms it is established that the decedent cannot dispose freely with one share of hereditary property, as it belongs to certain persons despite the decedent’s willingness. Persons who are guaranteed this share of inheritance are called compulsory heirs and they have available appropriate measures to acquire this right on compulsory share, if it is infringed.