Dimitrije Ćeranić, LLD ^*

INHERITANCE LAW EFFECTS OF THE DISSOLUTION OF INCOMPLETE ADOPTION IN THE LAW OF THE REPUBLIC OF SRPSKA

Summary

The author examines the inheritance-law effects of the dissolution of incomplete adoption in the law of the Republic of Srpska, as well as in the laws of neighboring countries where a form of incomplete adoption exists or previously existed and is therefore governed by earlier applicable legal regulations. In domestic legal scholarship, there is no consensus regarding the effects of the dissolution of incomplete adoption on the inheritance rights of the surviving civil relative in cases where the adopter or the adoptee dies during the proceedings. It is disputed whether the existing legal provisions apply only to the loss of the adoptee’s inheritance rights in the event of the adopter’s death during the proceedings, or whether they may also be applied by analogy to the loss of the adopter’s inheritance rights in the event of the adoptee’s death during the proceedings. In addition, it is also disputed whether the loss of inheritance rights depends on who initiated the proceedings, as well as who may continue the initiated proceedings. The author points to the reasons why he considers that the existing legal solutions apply both to the loss of the adoptee’s inheritance rights and to the loss of the adopter’s inheritance rights. In doing so, the author explains his views regarding substantive and procedural legal rules, referring to different methods of interpretation. By critically examining existing theoretical positions, the author highlights the legal-policy grounds for why this area should be regulated appropriately de lege ferenda. The paper employs historical-legal, comparative-law, and normative methods.

Key words: Dissolution; Incomplete Adoption; Inheritance-Law Effects; Law of the Republic of Srpska.