From inheritability to non-inheritability of the legal duty of spousal support

Abstract

In accordance with the family regulations of the Republic of Serbia, the legal duty of support, among other things, ends with the death of the provider. Unlike the Serbian legislator, the legislators in some modern European legal systems have envisaged the inheritability of the legal duty of support, among others, for a divorced spouse. These essentially different approaches to regulating the issue of inheritability of the legal duty to support a divorced spouse, are the subject of the author's attention. In addition to trying to draw a conclusion regarding which of the mentioned approaches to the legal regulation of the issue of heritability of the legal support duty fulfills entirely or largely the function of post-marital solidarity, the author considers the possibility of redesigning and amending the family and inheritance regulations of the Republic of Serbia.

Keywords

• divorced spouse
• support
• inheritance
• duty
• responsibility