Ко има право на нужни дио у праву Републике Српске?
Who is Entitled to the Reserved Share in Inheritance Law of Republic of Srpska?

Author(s): Dimitrije Ćeranić
Subject(s): Social Sciences, Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: The reserved share; The law of Republic of Srpska;
Summary/Abstract: The author examines the realization of the concept of the rule of law concerning the question of who is entitled to the reserved share in the inheritance law of the Republic of Srpska. Current legal solutions are critically analyzed from the aspect of their social justification and the principle of legal certainty. The paper also focuses on determining which family members can act as next of kin. The author came to the conclusion that the principle of legal certainty has been seriously threatened by positive law. Violation of the said principle may occur due to vague and imprecise legal provisions which adversely affect the uniform application of the law. Definiteness and precision of a legal norm are primarily determined by the lawmaker. However, they may also be affected by the decisions of constitutional courts. In such cases, the lawmaker can eliminate the imprecisions in legal texts by adopting the amendments to the particular piece of legislation without resorting to abrogation of the provisions which have already been rendered void by the court decision.

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