Marital Property in Family Legislation in Bosnia and Herzegovina Cover Image

Bračna stečevina u porodičnom zakonodavstvu u Bosni i Hercegovini
Marital Property in Family Legislation in Bosnia and Herzegovina

Author(s): Amela Hasić-Imamović
Subject(s): Civil Law, Sociology of Law
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: marital property; marital community; modes of acquisition; co-ownership;

Summary/Abstract: Subject of this article is relationship of marital partners in acquiring property during the marriage. Marital property, among everything else, is also a logical consequence of the duration of a marriage. Work is the necessary element in acquiring marital property, but in that it is not the mode, results and duration of the work that are significant. Duration of the marital community is also a significant element in acquiring marital property, but it needs to be differentiated from the duration of the marriage. This article reviews solutions for the status of the marital property acquired within the duration of the marital community, which solutions are related to issues that are not precisely regulated in existing family legislation. Form of the ownership acquisition (originary and derivative) influences the determination of the status of property acquired within the duration of the marital community. Acquisition of property by occupation and prescription determines the status of marital property and its legal nature. Article tries to establish as well legal nature of the property rights from the life insurance and company stocks and dividends.

  • Issue Year: 11/2018
  • Issue No: 21
  • Page Range: 289-307
  • Page Count: 19
  • Language: Bosnian
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