Legal Inheritance ranks according to the Law on Inheritance in Kosovo
| Author | Arbër Kolgeci - Albatrit Bytyçi |
| Position | Member of the Lawyers Chambers of the Rwepublic of Kosovo - University of Prishtina'Hasan Prishtina' Prishtinë |
| Pages | 113-123 |
Vo
l.
6
N
o
. 2
Jul
y
, 2020
ISS
N 2410-391
8
A
cces on
l
ine at www.ii
p
cc
l
.or
g
11
3
A
cademic Journal o
f
Business,
A
dministration, Law and Social Sciences
II
PCCL Publishin
g
, Graz-
A
ustria
L
e
g
al Inheritance ranks accordin
g
to the Law on Inheritance in Kosov
o
M
Sc Arbër Kol
g
ec
i
M
ember o
f
the Lawyers Chambers o
f
the Rwepublic o
f
Kosov
o
M
Sc A
lb
atrit B
y
t
y
ç
i
U
niversity o
f
Prishtina“Hasan Prishtina” Prishtin
ë
Ab
str
a
ct
T
he
f
ollowing paper aims to reveal the legal inheritance ranks according to the Law on
I
nheritance in Kosovo, its importance and impact expressed in a rule of law country such
a
s Kosovo, especially the treatment in relation with recognitionand ranks o
f
heirs at law in
l
egal inheritance. Therefore, based on the these circumstances various question are derived
s
uch as what is the inheritance, who are heirs at law, why are they such and which is their
i
nheritance rank, which are the orders of succession, when does one exclude another, when
d
o we pass to the next, what is inherited and how and in how many parts is inherited, how
i
s thetestator be inherited without heirs, who are the compulsory heirs, when do we apply
a
ssignment (cession), when they can (cannot) cede from the inheritance. For all this issues,
through this paper, we have tried to, upon the basis o
f
Law over the
I
nheritance in Kosovo; give
a
comprehensive response, with the e ect to be er knowing the Law institutions, presented to
u
s as an important li
f
e journey a
er death o
f
the heirs.
Ke
y
word
s
:
Legal inheritance ranks, Law on the
I
nheritance in Kosovo, Heir at law, inheritance
m
easure, testator, heir.
I
ntr
odu
ct
io
n
I
n
Ko
s
o
v
o
1
,
t
h
e in
h
eritance is regu
l
ate
d
by
t
h
e Law over t
h
e
I
n
h
eritance in Kosovo
(
h
ereina
er: as th
e
LTK
2
.
The
I
nheritance is a trans
f
er o
f
the
p
ro
p
ert
y
o
f
the testator
(decedent-dead
p
erson) to heirs (one or more) according to the
p
rovisions set out in
the
la
w
3
o
r
a
w
ill
4
.
The
f
ollowing relations are also known as
mo
rt
i
s c
au
s
a
(
in case o
f
1
Seen
h
istorica
lly
, t
h
e in
h
eritance
l
aw in Kosovo
h
as
b
een regu
l
ate
d
by
t
h
e Kanun.
I
t was t
h
e
K
anun of ‘Lekë Dukagjinit.’ (in order to go more dee
p
l
y
into law s
y
stems of Kosovo in the
p
ast,
p
lease check the without an
y
defi nition Noel Malcolm, Kosovo, a short histor
y
). While, in the WW
II
p
ost-war
p
eriod until the end of the 1999 war, res
p
ectivel
y
until the moment of the im
p
lementa
-
t
ion of the
p
resent LTK, there are in total 4
p
hases of the inhertitance s
y
stem regulation in Kosovo.
The fi srt
p
hase (from 1945 until 1955); second
p
hase (from 1955 until 1963); third
p
hase (from 1963,
hence as an a
pp
roved law in 1974); and the fourth
p
hase: (starts on 28 Jul
y
2004) when the
A
ssam
-
b
l
y
of Kosovo, during the international administration, a
pp
roves the Law No. 2004/26. Which has
e
ntered into force u
p
on announcement b
y
the PSSP, (check article 149,
p
arag
p
ra
p
h 2 of the Law
No. 2004
/
26), and it continues to be im
p
lemented ever since with some minor Amending and Su
p
-
pl
ementing actions.
2 Law No. 2004/26, on Inheritance in Kosovo (LTK), O cial Gaze e 3/2006,
p
ublishing date
0
1.
0
8.2
00
6
.
3
I
n relation to le
g
al inheritance, check article 9 of LTK
.
4
Grou
p
aut
h
ors,
I
ntroduction to Legal S
y
stem in Kosovo
,
Justice
A
ca
d
em
y
2019,
p
. 214
.
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