Ajdin Huseinspahic

THE INHERITANCE RELATIONS WITH INTERNATIONAL CHARACTERISTICS DE LEGE LATA AND DE LEGE FERENDA IN BOSNIA AND HERZEGOVINA, FOCUSING ON THE SITUATION IN SERBIA

Summary

While in ancient Rome, only some private law applies succumbed to the norms of jus gentium, and which can not be equated with modern norms of international private law, today we can say how almost all private law relationships can have international prefix. We have approached the Scientific observation inheritance relationship with an international element focusing on several key issues. The first question that we have processed referring to the legal nature of the prejudicial (previous) issues that, if not adequately treated, can cause big problems in the application of adequate legal norms. The second issue is related to the perception of understanding divisibility hereditary Statues, which is of crucial importance in defining the applicable law to probate, whether it is a legal or testamental Inheritance.The third issue that we have covered in the paper referred to the confrontation of arguments pro and contra ideas applying lex nationalis or domicile of the testator. However, particularly significant seemed dated ideas of Italian lawyer Mancini who believes that we should strive to create a universal rule on the application of domestic or foreign law.The idea of the primacy of the lex nationalis in dealing with personal, family and inheritance relationships retained its value today. Mancini considered that there should be space left for party autonomy in the field of private international law, but in those relationships that are outside the sphere of the mandatory application of the lex nationalis, or that are outside the domain of personal, family and inheritance relationships.

Keywords: private international law, the law of succession, inheritance statute, lex nationalis, domicile.