K USTANOVENIU NÁHRADNÉHO DEDIČA ALEBO O JEDNOM „ZANEDBANOM“ INŠTITÚTE
On appointment of the substitute heir or on a one „neglected“ institute
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In this article author focuses on the problems of vulgar substitution, a legal institute based on institution of a substitute, which should be the heir in the instance, that person, who was instituted in the first place, will not become heir of the testator. The author states after defining legal substance of vulgar substitution and after its distinguishing from substitutio fideicommissaria, with which it is often interchanged, that vulgar substitution has a long tradition in the Slovak law and also at present it is widely used in practice, in spite of it has no support in the Civil Code since 1964. The author is also pointing out, that the absence of legal regulation of vulgar substitution, a legal institute, which follows from general principles of law of succession and also the whole civil law, is the loophole in the law, which, in the interest of legal security, needs to be filled up. Using Roman law science and comparison with Austrian ABGB, German BGB and Swiss ZGB, she is ruminating about optimal extent and content of legal regulation of vulgar substitution in the Civil Code.
263 – 279
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