The thesis treats the fields of the Inheritance law, specifically the institute of compulsory portion which presents the biggest limitation of the principle of free testamentary disposal. The compulsory portion is a very important institute which protects the persons who possesses the feature of being a forced heir. At the same time this institute restricts the decedent's freedom of testamentary.
The institute of compulsory portion has a long tradition. However, through the time the social conditions have changed significantly, which raises the question whether such a regulation is still needed and appropriate or should be changed in accordance with societal changes.
The institute of compulsory portion interferes in the testator's freedom of testamentary and does not allow him to dispose with his property freely in case of death. At this point two constitutionally protected rights come to contact, the first one being the right of private property and the other one the right to inherit, both of which are equivalent and need to be harmonised or properly regulated. Institute is always compromise between unlimited freedom of testamentary and inheritance of testators relatives. The regulation of forced heiring as we have in Slovenia may be a little too strict for the testator because does not respect one of the main constitutional principles: i.e. is the principle of proportionality.
The thesis at its conclusion proposes some solutions which have to alleviate these rigid and strict regulations of our Inheritance Act and allow the testator more freedom to determine the destiny of his property in case of his death.