The master thesis deals in detail with the contracts of inheritance and with theirs validity and invalidity in Slovenian law system. The current law regulations give to the testator only a few chances to arrange with his property in case of death through his lifetime. Due to the change of constitutional system in the year 1991 the meaning of private property has changed, we could say that private property now has gained again its classical value. In addition, the classical principles of civil law, such as the principle of freedom of contract and optionally principle, are gaining in force. However, these changes have not been reflected in the field of inheritance contracts, where the current regulation, which severely restricts the conclusion of the latter, has been in force since 1955.
The thesis presents the inheritance contracts which are void and null in the Slovenian legal system. These include the lawful contract of inheritance, joint will, fideicommissary substitution, the contract on the content of a will and the contract on an expected inheritance or legacy. Then follows the analysis of the agreement on the renunciation of the inheritance, which is the only valid contract of inheritance in our law of succession. The main intent of this institute is that a descendant or spouse who enters into the agreement on the renunciation of inheritance is no more a decedent,s heir, because he renounces his right of inheritance. Upon the testator,s death only his remaining heirs will receive their shares. Because of the exclusion from the inheritance of the descendant or spouse, as well as all their descendants, shares of all the other heirs will increase.
German legal system has a very detailed and organized validity of the these contracts in the German Civil Code which allow valid signing of contracts of inheritance. French system, does not allow valid signing of contacts of inheritance. Most of this kind of contracts are, with some exceptions, null.
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