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Law-3_2017VjenaPraga.pdf

Abstract

Neccessary regulation of inheritage according to the law in Kosovo as the state in transition Dr. Sc. Majlinda Belegu College“Universum” Abstract The main Kosovo challenge in the transition period was harmonization of national legislation with the EU legislation.Harmonization of this legislation has touched the Kosovo law of heritage as well. The ineritance of property is one of the most important institutes of the civil law. Inheritance in the inheritage law in Kosovo is done in two ways. Priority in regard to the inheritance of property from de cuius to inheritants is always will (testament)inheritance, however in cases where there is no will left then the inheritance is done by law. All heirs of property should be parts of inheritance and inheritance is based in some conditions normed with the disposals in chapter II of the Inheritance Law. Inheritance has regulated also the steps of inheritance which are four, according to the Inheritance Law. Neccessary part of inheritance cannot be overcome even if that is donated for humanitarian aims. Inheritants can be excluded from inheritance from de cuius only in determined cases by law. If it comes to the exclusion case with no reasons legal inheritants have the right to ask through court - to initiate procedure in order to transfer the property from de cuius to inheritant that was excluded. Key words: law, inheritage, inheritant, neccessary part, devisor