Мјеродавно право за тестаментарну способност оставиоца: рјешења у Републици Српској, региону и праву Европске уније
The Applicable Law to Capacity to Dispose of Property Upon Death: Solutions in the Republic of Srpska, Region and the Law of European Union

Author(s): Dragana Damjanović
Subject(s): Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Capacity to dispose of property upon death; Applicable law; Law of nationality; Law of habitual residence;
Summary/Abstract: In the case of testamentary inheritance with a foreign element, the court at the beginning of the probate process, shall determine whether the testator had a capacity to dispose of property upon death. It is necessary, therefore,to determine the applicable law according to which one has to appreciate a capacity to dispose of property upon death of decedent. In the Republic of Srpska this issue is governed by the Law on Resolving Conflict of Laws with Regulations of Other Countries – Private International Law, which has been in force for three decades. Republic of Srpska took over this legal act from the legal system of the former Yugoslavia. The other member of our former country did the some thing, which has recently enabled the identical provisions in the former Yugoslavia. However, under the influence of European Union Law, in particular the EU Regulation 650/2012 on inheritance, the situation is changing. Thus, Montenegro a new Private International Act, which is in the force, since January 2014 and governs inheritance with foreign element completely different. The capacity to dispose of property upon death also is regulated differently in the Republic of Serbia, the procedure for the adoption of the new codification is already in progress. The author will hereafter endeavor to carry out a comparative analysis of legal solutions in terms of determining the law applicable to capacity to dispose of property upon death of the testator in the Republic of Srpska, in the region and in EU law.

• Details
• Contents