LACK OF SUCCESSION IN MACEDONIAN LEGAL SYSTEM

Abstract

The succession presents property assignment from one person on behalf of others after his death. The process of succession can be performed by the law (heir at law) or by the will. Both options are regulated in details in Macedonian legal system.Whilst the human nature requires to see the positive effects of the inheritance, as well as to research the rights for succession, the law anticipated another opposite option - possibility for cutting of the will or so called lack of succession. The lack of succession represents a legal form where the possible successor loses his right to inherent any asset either by law (ex lege) or by the will. The lack of succession is not linked with the legal possibility for legacy or with the last will, but the lack of succession is linked with the personal character of the successor and his unmoral or illegal behavior. The lack of succession is a kind of penalty for the impropriate behavior of the possible successor towards the owner of the property or towards community from one side, as well as a protection measure for the property owner from the other side.The lack of succession is a part of almost all legal systems, in almost all of the countries with the only difference in the reasons why a person can be proclaim undignified for a legacy and a person with a lack of succession.The Macedonian legal system anticipated few reasons that are going to be elaborated in details in this paper. Mainly, those are cases where the possible successor reaches or tried to reach to the life of the owner of the will, forced or used some other illegal way to lead the owner of the will to make or abrogate the will, hide or destroyed the will in order to make a fake copy and change the last will, violate the obligation for sustenance or denied to offer the necessary assistance.In order to be affirmed these statements, Public prosecution and State attorney Office are authorized to obtain the information they have.These statements will be proved or denied by the Court, an institution authorized to prove the lack of succession.The conditions foreseen in the law of succession cannot be changed or modified.