Породични дом у праву Републике Српске
Family Home in the Republic of Srpska's Law

Author(s): Darko Radić, Dejan Pilipović
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Family home; Marital property; Exercising parental rights; The best interest of the child;
Summary/Abstract: Within the framework of the latest reforms in family law in the Republic of Srpska, among numerous innovations, the concept of the family home stands out, which is, for the first time, part of positive law. This is a specific legal institution that has arisen as a result of the need to provide adequate protection of the interests of individual family members, primarily children, during the existence of a complete family, especially in the case of its dissolution. The family home, as a factor in the homogenization of the family and the fundamental element of its material base, requires special regulation, including deviations from the general rules, of property law, thus protecting individual interests of family members and the family's interests as a whole. On the other hand, upon the termination of marriage or cohabitation of the spouses, the issue of the family home emerges as a matter of vital importance. In this context, it is crucial to priorities the effective protection of the child's best interests, followed by the effective regulation of the relationship between former spouses, which is typically the most valuable aspect of marital property. Comparative law provides for different models of regulating the family home, but there are numerous elements that are common to almost all modern legislation. The subject of this work is the consideration of the institution of the family home in the positive legislation of the Republic of Srpska, its basic characteristics, and the justification for its inclusion in positive law.

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