Invalidity of Renunciation of Inheritance According to Law in Kosovo

Abstract

In most cases, the relinquishment of the inheritance is done for the reason that the heir inherits more liabilities than rights (property) of the testator. Then in these cases when the debts or obligations of the testator exceed the amount of his property, the heir is allowed to give up that inheritance, whether left by will, contract or even by law. This waiver is made by giving a statement which is formulated after the hearing for the division of the inheritance has been held. The declaration is made either before the judicial system or before the notary. In Kosovo, the right to renounce inheritance is being used especially by female heirs. This is confirmed by the legal practice of the courts in Kosovo, according to which it is said that mostly it is the female gender that renounces the acceptance of inheritance and it is emphasized that women do not give any special reason why they are renouncing the inheritance. "Usually women in the case of renouncing inheritance, they do not give any special reason", Some reasons why women are renouncing inheritance. He mentions tradition, customary law - the Lekë Dukagjini Canon, according to which women do not have the right to inherit in their family. Violated rights for the female gender, that today through written law (laws) they try not to discriminate against gender in the right to inherit!