Institut nužnog nasljedstva : Federacija Bosne i Hercegovine, versus Republika Srpska
The Institution of Necessary Part of Inheritance : Federation of Bosnia and Herzegovina Vs. Republic of Srpska

Author(s): Boris Krešić
Subject(s): Civil Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Inheritance Act;Necessary part of inheritance;Successor;Inheritance Law;
Summary/Abstract: Adoption of the “new” Inheritance Acts in Bosnia and Herzegovina led to different solutions regarding the institution of necessary parts of inheritance. Inheritance Act in the Republic of Srpska does not define registered partner as successor, while the Federation of Bosnia and Herzegovina Act on Inheritance defined a child from partial adoption as a relative necessary successor. Both laws in a uniform manner determine the size of the necessary parts of inheritance in a way that a necessary part of the absolute necessary successors is one half of what they would inherit by the law, while a necessary part of the relative necessary heirs is one third of what would be inherited by the law. Institution of exclusion from the necessary inherited share, in terms of specifying the conditions for exclusion is not the same in both acts. The legislator in RS does not recognize the perpetration of a crime against the integrity of Bosnia and Herzegovina or humanity and values protected by international law as conditions for the exclusion. Furthermore, the lack of work and honest life, as conditions for exclusion must be met cumulatively. The difference that exists in terms of exclusion is that, according to FBH Act, the indication of the basis for the exclusion is considered a condition of validity of the exclusion in the Federation. Deprivation of necessary parts of inheritance is also mostly identically regulated in both laws. The difference exists in terms of conditions to be met by an adult person on whose behalf a deprivation is executed. Both laws continue to govern deprivation analogously, according to provisions of the law relating to the exclusion from the necessary parts of inheritance which can lead to inadequate solutions in practice. A particular problem in the Act of the Federation of Bosnia and Herzegovina reflects the institutions of deprivation or exclusion through a marriage contract. The adoption of new laws on inheritance is not contributing to better inheritance and legal position of necessary heirs, but rather opened new questions and set new differences between entity laws.

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