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Pravo i privreda
2018, vol. 56, iss. 10-12, pp. 165-195
article language: Serbian
document type: unclassified
published on: 08/02/2019
Inheriting a business
University of Belgrade, Faculty of Law


This article is devoted to legal problems which arise in connection with inheriting a business due to the conflict of the principles of succession law and the principles of company law. The analysis covers inheriting entrepreneurs and shares in commercial companies. The author examines the possibility of succession depending on the legal form of the business. Characteristics of certain legal forms of business put into question the possibility of succession. Factual continuity, however, may be achieved through contract law, independently from the law of succession. The author stresses the importance of distinguishing inheriting, as universal succession which operates by force of law, from other methods of acquiring the position of entrepreneur or shareholder of a commercial company.