“Empirical Findings on the Implementation of the Compulsory Portion in North Macedonian Inheritance Law”

Xhemile Saliu
International Balkan University

Abstract

The compulsory portion, as a core institution of inheritance law, ensures the protection of close heirs from total disinheritance and reflects the balance between individual testamentary freedom and familial solidarity. This paper presents empirical findings on the implementation and interpretation of the compulsory portion within the legal system of the Republic of North Macedonia. Using a combination of statistical analysis, case law review, and comparative evaluation, the study examines the frequency, scope, and outcomes of inheritance disputes involving the compulsory portion during the period 2015–2024. The results indicate that while the legal framework provides sufficient protection for heirs entitled to the compulsory portion, inconsistencies in judicial practice and limited public awareness affect its practical realization. The paper further identifies recurring patterns in court decisions and highlights the need for clearer legislative guidance and uniform judicial interpretation. By integrating both doctrinal and empirical perspectives, this research contributes to a deeper understanding of the efficiency and fairness of inheritance law in North Macedonia, offering recommendations for legal reform and improved implementation practices.

Presentation