PREKID OSTAVINSKOG POSTUPKA (S POSEBNIM OSVRTOM NA RAZLOGE PREKIDA S NASLOVA OPORUČNOG RASPOLAGANjA) – „PRO ET CONTRA“ JAVNOBILjEŽNIČKOG PREKIDA

Abstract

The paper deals with the institution of termination of probate proceedings and the reasons for termination under the title of testamentary disposition are especially highlighted. The paper is divided into two parts. In the first part, the probate procedure is analyzed, starting from its initiation until ending with a final decision on inheritance, and of course, taking into account the reasons for the termination of the procedure. Next, the concept of termination of proceedings is observed and briefly are given the reasons for termination of proceedings prescribed by the Civil Procedure Act. The central part of the paper is an analysis of the reasons for the termination of the probate proceedings prescribed by the Inheritance Act. The concept of testamentary disposition and the concept of will are analyzed, as well as the reasons for the termination of the probate proceedings under the title of testamentary disposition, which are supported by national court decisions. The paper deals with individual reasons for the termination of probate proceedings, which does not mean that these are the only reasons for termination - these are the most common reasons that lead to the temporary suspension of probate proceedings.