Međunarodni privatnopravni aspekti talaq-a u pravu Europske unije i Bosne i Hercegovine
Private International Law Aspects of Talaq in the Law of the European Union and Bosnia and Herzegovina

Author(s): Anita Duraković, Jasmina Alihodžić
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Talaq; Regulation 2019/1111; Regulation Rome III; EU Court decisions; Bosnia and Herzegovina; Legal order;
Summary/Abstract: Talaq, an institute of Islamic law, as a method of private dissolution of marriage, has cussed some legal difficulties in the EU member states. From the standpoint of private international and procedural law. particularly problematic is the issue of admitting talaq in the states that do recognize such a method of dissolving a marriage. Given that neither the EU member state (with the exception of one part of Greece)nor Bosnia and Herzegovina admit talaq, the question of recognizing talaq uttered in another state inevitably arises. Furthermore, the application of foreign law that admits this method of dissolving a marriage in cross-border cases is also contentious. Two EU legal instruments currently govern the issue of marriage dissolution: Regulation 2019/1111 and Regulation Rome III. In the past, courts in EU member states grappled with this issue in the Sahyouni case. Unfortunately, the EU Court did not seize the opportunity to contribute to a consistent approach to this matter within the EU. Given that Bosnia and Herzegovina is a candidate for EU membership, it is crucial that it recognizes the legal solutions for talaq established by EU sources of law and case law, as presented in the paper's final section.

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