SEPARATIO BONNORUM-SEPARATING THE RESIDUE FROM THE PROPERTY OF THEIR INHERITOR

Angel Ristov, PhD Associate professor /Law faculty Iustinianus Primus Skopje

Dejan Mickovik Full time professor /Faculty of Law Iustinianus Primus Skopje

Milica Shutova, PhD Assistant Professor /Faculty of Law, Goce Delcev University in Stip

Abstract: With the occurrence of a person’s death, his legal subjectivity is extinguished and his inheritance is opened. The property rights and obligations of the testator are transferred to his inheritors by the force of law. In order to protect the interests of the creditors from the negligent and insolvent heirs, the institute separatio bonorum was established from Roman law, separating the inheritance from the property of the inheritors. With the help of this institute, it was possible not to merge the inherited part of the bequest with the property of the inheritor, in order for the creditors of the testator to settle their claims before the creditors of the insolvent inheritor. Due to its importance and significance for legal certainty, this institute is accepted in modern inheritance rights. In the paper, the authors analyze the institute separatio bonorum and its non/application in practice in order to make suggestions for overcoming the existing problems in providing greater protection to creditors.

Keywords: testator, the residu, inheritors, creditors, separatio bonorum.