Monday, February 24, 2014
Shpresa Ibrahimi (Independent) recently published an article entitled, Imperative Part of the Law on Kosovo Inheritance (Comparative View), (January 26, 2014). Imperative part of the Law on Kosovo Inheritance (Comparative view), Iliria International Review – 2013/2. Provided below is the abstract of article from SSRN:
Making a testament seems to be one of the available freedoms, and most significant of the law subjects. Testament, as final declaration of the testator’s will, is considered to be one of the most significant freedoms of the same, since by declaring his will, determines the fate of his/her property heritage, earned with lots of efforts throughout life.
Freedom of compiling the testament, in the Constitution of the Republic of Kosovo is guaranteed by the Law on Inheritance in Kosovo but also by the international Conventions. However, every subjective right has its limits. Such limitation comes as a result of the care toward subjective rights of other persons, sometimes the best of the society, but the purpose of limiting such freedom in terms of inheritance, comes as result of common marital life, as a result of the care toward children and parents. Quota of the obligatory part is part of heritage that shall not be deprived, since it is guaranteed with imperative norms.
This inheritance quota is presented as object for analyses and study in relation to testamentary freedom, always in a comparative view in the region and broader.