Abstract

The study tries to answer the question to a debatable Succession law question whether it is possible for minor children to waive of succession. It discusses the different opinions in the case law and the legal doctrine and analyses in-depth some of the related notions. Thus, it goes through the legal essence of the waiver of rights as a uniletaral will expression and an independent right. In addition, it focusses the legal nature and content of the right of inheritance, as well. The waiver of succession - as a power in the structure of the right of inheritance - is comparable with the abandonment of rights in the terms of Art. 130, para 4 of the Family Code. The provision of Art. 61, para. 2 of the Succession Act (SA), which does not prohibit the legally incapacitated persons from renouncing an inheritance but regulates the manner of its acceptance.

The conclusion from the conducted research shows that the minor children could relinquish of a succession. However, this raises another issue addressed in the article - what is the relevant Procedure for the minor children to make a waiver of succession; whether the procedure under Art. 51 SA is applicable to legally incapacitated persons and is it possible for the creditors of the heir to cancel a waiver of succession by the order of art. 56 SA.