ZAKONSKO NASLJEĐIVANJE U PRAVNOM SISTEMU BOSNE I HERCEGOVINE
LEGAL SUCCESSION IN THE LEGAL SYSTEM OF BOSNIA AND HERZEGOVINA

Summary/Abstract: Except the Euro-continental law system, Islamic code and Anglo-Saxon law system, as two leading law systems in the world, have very interesting legal provisions in relation to law of succession. Islamic code, in addition, having been used in our country long time, so their provisions are all the more intriguing for us. Two legal basis of succession are valid in the law of succession system of Bosnia and Herzegovina: testament and law. Pursuant to the law there are two ways of succession - regular succession and necessary succession. In relation to regular succession the law determines a circle of the person which may be call for succession. The selection of facts which the law may take into account to determines the circle of successors is stipulated by law of succession. Besides the regular legal heirs there are necessary legal heirs so it may be considered that, in the low-technical point of view, a necessary legal heir becomes a successor regardless to testator’s will, or contrary of his will. So, in the framework of regular and necessary succession the rules of exclusion, representation and growth have to be respected. The rules that regulate unworthiness of legal heirs affect both to the regular and the necessary legal heirs because any of these categories are not stated explicitly in the provisions concerning the reasons of succession unworthiness. On the other hand the rules of exclusion and deprivation of the heirs successors affect to necessary legal heirs only, not to regular legal heirs.

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