SOME CONSIDERATIONS ABOUT THE ORAL WILL IN THE LAW OF THE REPUBLIC OF SERBIA AND THE LAWS OF THE COUNTRIES IN THE REGION

Abstract

The aim of this article is to present an oral will in the law of the Republic of Serbia, Montenegro, Croatia, Bosnia and Herzegovina and Republika Srpska (de lege lata). Also, we have tried to point out the similarities and differences between the laws of these countries regarding the oral will. It is a legal institute, which can be done in an exceptional circumstance in which is impossible to make a regular will. Analyzing this institute we have dealt with the concepts of will, oral will, legal regulation of oral will in above mentioned countries, and special occasions when creating the will. As a reason for the use of the extraordinary form of will in this legal institute, we have dealt with the issue of disease of the testator, then, who can create an oral will, who can be a witness at an oral will, and whether the execution of the duties of a witness represent a condition of validity of the oral will. In this article, we have given also suggestions which, in our opinion, lead to a better and more successful implementation of the oral will in practice (de lege ferenda).