IL CONCETTO DI ACQUISIZIONE DELL' EREDITÀ NELLA PRATICA DELLA CORTE SUPREMA DELLA BOSNIA ED ERZEGOVINA DURANTE L'AMMINISTRAZIONE AUSTRO-UNGARICA
THE CONCEPT OF INHERITANCE ACQUISITION IN THE PRACTICE OF THE SUPREME COURT OF BOSNIA AND HERZEGOVINA DURING THE AUSTRO-HUNGARIAN ADMINISTRATION

Summary/Abstract: The complexity and heterogeneity of private law in Bosnia and Herzegovina during the Austro-Hungarian period manifested itself mainly in the field of inheritance law. This area has been described in the literature as an "intricate branch of law". Which law the courts would apply when resolving inheritance cases depended, on one hand, on the legal nature of the item (property) that entered the inheritance, and on the other hand, on the position, i.e. religious affiliation and citizenship of the testator. Regarding the system of acquiring the inheritance, the prevailing opinion was that the inheritance ipso iure passed to the heirs and that there was no time interval from the death of the testator to the taking over of the inheritance by the heirs. However, there were still situations where inheritance acquired legal person status by presenting itself as a party to the legal proceedings. In the context of the application of Austrian Civil Code and the influence of the Roman legal tradition, the article analyzes the evolution of understanding of the concept of acquisition of the inheritance in this period.

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