The Succession Community and the Transfer of the Inherited Part // Naslednička zajednica i prenos (ustupanje) naslednog dela

Abstract

The succession community arises from the moment of the opening of the heritage, if there is a legacy inherited by at least two heirs. In legal theory and jurisprudence, the dominant view is that the succession community ceases by adopting a decision on inheritance. However, the form of property in matters determines the possibility of its transfer. The author defends the view that, from the opening of the inheritance to an ideal or real division of items that make up the legacy, the co-heirs acquire a common property. On the basis of the decision on inheritance (except when an ideal or real division is performed), which has a declaratory character, the co-heirs do not acquire a co-property. Therefore, they can transfer the hereditary parts to the co-heir only. After executing an ideal or real division, the co-owned part or a real-life exclusive part of the successor may be transferred to third parties.