Civil Law in Bosnia and Herzegovina
Key facts
- Field: civil law in Bosnia and Herzegovina, that is the law of obligations, property (real) law, family law and inheritance law.
- Who represents you: Law Office Prnjavorac, attorneys Azur and Alma Prnjavorac; office in Tuzla; in continuous practice since 1993.
- Coverage: representation throughout B&H (Federation of B&H, Republika Srpska and the BrÄko District), including Sarajevo, Banja Luka, Mostar, Zenica, Bijeljina, BihaÄ, BrÄko and Tuzla; before courts, notaries, the cadastre and land registry offices.
- Clients: citizens and companies in B&H and the diaspora, mostly from Germany, Austria and Switzerland; representation under a power of attorney, without attending hearings in person.
- Languages: correspondence in Bosnian, German and English; site content in five languages.
- Key statutes: Law on Obligations, laws on real rights of the Federation of B&H and Republika Srpska, family laws of the Federation of B&H and Republika Srpska, inheritance laws of the Federation of B&H, Republika Srpska and the BrÄko District.
- General limitation period (Article 371 of the Law on Obligations): five years in the Federation of B&H, ten years in Republika Srpska, with shorter special periods of one to five years; deadline to appeal a first-instance judgment: 30 days.
- Contact: +387 35 258 110, advokat@advokat-prnjavorac.com, office details and contact form.
Civil law in Bosnia and Herzegovina is the body of rules governing relations between private parties, whether natural persons, companies or families. It is a broad branch of law that touches everyday life, both for people living in B&H and for our people in the diaspora. Its core areas are the law of obligations (contracts and liabilities), property law (ownership and real rights), family law and inheritance law. In practice, citizens meet these branches when they sign a contract, resolve a property dispute, go through a divorce or take part in probate proceedings. In the experience of our office, demand for legal services in B&H is greatest in obligations, property, family and inheritance matters. Below is an overview of these areas and of how an experienced civil law attorney can help.
Law of obligations (contracts and liabilities)
The Law on Obligations governs contractual relations and other obligations between parties. Under it, obligations may arise from contracts, damage caused, unjust enrichment, agency without authority, a unilateral declaration of will and other grounds provided by law. In practice this area covers contracts of every kind, from sale and lease, through loan and insurance, to complex commercial contracts, as well as liability for material and non-material damage. Legal help in drafting a contract matters a great deal: an experienced attorney makes sure the contract states the rights and obligations of the parties clearly, brings it into line with the applicable rules and protects your interests. If a dispute arises, for example over non-performance or damage caused by someone else, an attorney can bring a claim for damages or for termination or annulment of the contract and represent you in court, and where needed proceed to enforcement and debt collection.
| Type of claim | Limitation period | Basis |
|---|---|---|
| General period, where no shorter period is prescribed | Federation of B&H: 5 years Republika Srpska: 10 years | Article 371 |
| Periodic claims (interest, matured maintenance instalments) | 3 years from the maturity of each individual payment | Article 372 |
| Mutual claims of legal persons under contracts for the supply of goods and services | 3 years, separately for each delivery or service | Article 374 |
| Rent | 3 years | Article 375 |
| Damages | 3 years from knowledge of the damage and of the tortfeasor, and no more than 5 years from the occurrence of the damage | Article 376 |
| Electricity, water, gas, telephone and utility services supplied for household needs | 1 year | Article 378 |
| Claims established by a final judgment or a court settlement | 10 years, even where the statutory period is shorter | Article 379 |
| Claims under insurance contracts | 5 years for life insurance, 3 years for other insurance | Article 380 |
The general period under Article 371 differs between the entities: the Supreme Court of the Federation of B&H applies a period of five years, while the Supreme Court of Republika Srpska applies ten years. A court does not apply limitation of its own motion: it takes it into account only if the debtor raises it. The right to statutory maintenance as such is not subject to limitation (Article 373, paragraph 3); only instalments already due become time-barred. In a specific case check the special statutes as well, since some prescribe different periods.
Family law (marriage and family relations)
Family law governs relations within the family, from the conclusion and dissolution of marriage, through parent and child relations, to guardianship and adoption. In B&H this area is governed by the entity family laws, separately for the Federation of B&H and for Republika Srpska, which set out in detail the rights and duties of family members. In practical terms family law covers matters such as marriage and divorce, division of marital property, child and spousal maintenance, custody and parental care after divorce, withdrawal or restoration of parental rights, establishment of paternity, and guardianship over minors or persons deprived of legal capacity. These proceedings are often emotionally difficult and legally complex, which is why professional support is valuable. A family law attorney can guide you through a divorce, from filing the claim to conducting the proceedings and protecting your interests in decisions about children and assets, and will take care that the legal provisions on the division of marital property are applied correctly so that you receive what the law gives you.
Inheritance law (succession and probate)
Inheritance law deals with the disposal of property in the event of death and with the passing of that property to the heirs. In B&H it is governed by separate entity statutes which define who the statutory heirs are, how a valid will is made and how probate proceeds. The grounds of succession are not the same throughout B&H. In the Federation of B&H, a right of inheritance arises on the basis of statute (statutory succession where there is no will), on the basis of a will, or on the basis of a contract of inheritance. The contract of inheritance is a narrow option rather than a general rule: it is permitted only between spouses or unmarried partners, including future spouses, and must be certified by a notary; in every other case it is void. In Republika Srpska and the BrÄko District a contract of inheritance is not permitted, so succession follows only from statute and from a will. In practice this means that where the deceased left no will, the estate is divided among the statutory heirs (children, spouse, parents and more remote relatives, and in the Federation of B&H also the unmarried partner, who is treated equally with a spouse in matters of succession) according to the orders of succession laid down by law.
The inheritance statute of the Federation of B&H provides that all natural persons are equal in succession under the same conditions and that foreign nationals inherit on an equal footing with citizens of Bosnia and Herzegovina, so our people in the diaspora who no longer hold B&H citizenship inherit property in B&H on equal terms. A frequent institution in this area is the contract of lifetime support, under which a potential heir undertakes to support the testator for life and on death acquires the property. Such a contract must be certified by a notary and drafted with particular care if it is to be valid and fair.
After a death, probate proceedings are opened as non-contentious proceedings before the competent court, or before a notary acting as a court commissioner, in which the estate is established and succession decided. An attorney can act for the heirs in these proceedings: if you believe a will has deprived you of your forced share, the attorney will raise a claim for the proportionate reduction of the testamentary disposition; if the heirs are in dispute over the division, the attorney will protect your rights in court. For clients in the diaspora it is particularly useful to have an attorney appear in probate so that they need not travel for hearings, and to advise on the choices involved, such as whether to accept the inheritance or renounce it in favour of another heir. In short, inheritance law ensures that property passes to the statutory or chosen heirs, and the attorney's role is to see that the procedure runs properly and that your rights of succession are respected.
Property law (ownership and real rights)
Property law, often called real law, deals with ownership and other rights over things. It covers the right of ownership of real estate and movables, easements, the right of pledge including mortgages over immovable property, possession and its protection, and all property relations concerning the use and disposal of assets. In B&H the area is governed by modern statutes on real rights at entity level, which have brought together rules inherited from earlier systems and aligned them with contemporary European standards. In practice property law comes to the fore in transactions in real estate, in leases, in questions of boundaries and land use, in the creation of a mortgage, in expropriation and in the registration of rights in the land registry. A property attorney can check the documentation for a property in detail, warn of legal defects such as encumbrances or pending disputes, draft the necessary contracts and submissions and represent you before notaries, the cadastre and the courts. It matters especially for our people living abroad to instruct a reliable attorney when settling property matters in B&H. Foreign nationals should also note the rules on acquisition of real estate by foreigners.
Legal help and the role of the attorney in civil matters
Whether the matter is a contract, a property dispute, a family question or an inheritance, timely legal help is often decisive. The rules are complex and proceedings before courts and other authorities can take a long time if they are not approached properly. An experienced civil law attorney knows the applicable rules well and can spot potential problems early. By instructing an attorney you gain an adviser who will analyse your situation, explain what your rights and obligations are and propose a course of action. An attorney can draft claims, contracts, appeals and other submissions, watch the deadlines, which in law are frequently decisive, and deal with the other side and the competent institutions on your behalf. Recall that parties to an obligation are equal before the law and free to arrange their relationship, provided they respect mandatory rules, public policy and good faith. Sound legal support helps make that equality real rather than merely formal: the attorney watches that these conditions are met and reacts in time if the other side tries to abuse its rights to your detriment. Investing in an attorney means security and prevention; it is far better to avoid a legal problem, or to resolve it early, than to bear the consequences later.
Civil law runs through many aspects of life in B&H, from business relations and property to family and inheritance questions. A qualified civil law attorney in Bosnia and Herzegovina will help you understand your rights and obligations, move through the procedures and obtain legal protection in civil matters. With that support you can devote yourself to your personal or business goals knowing that your legal affairs are in safe hands.
Client trust over more than three decades
Law Office Prnjavorac has been in active practice since 1993, based in Tuzla and representing clients throughout Bosnia and Herzegovina. Today, in its fourth decade, it holds 1,056 Google reviews with a rating of 5.0 out of 5 across two independent Google business profiles, which is among the strongest bodies of public feedback for any law office in Bosnia and Herzegovina.
All client reviews are publicly available on both Google business profiles, without filtering, mediation or moderation by the office.
Related branches and connected proceedings
Civil law rarely appears in isolation. A single civil relationship gives rise to questions of procedure, property registration and enforcement.
Closest areas to civil law
How does an attorney help in a civil case?
Other branches of law and useful resources
Frequently asked questions about civil law
Answers to the questions clients in B&H and the diaspora ask most often about contracts, property, family and inheritance matters.
What is the law of obligations and which relations does it govern?
The law of obligations governs contractual relations and other obligations between parties. Under the Law on Obligations, an obligation may arise from a contract, from damage caused, from unjust enrichment, from agency without authority, from a unilateral declaration of will and from other grounds provided by law.
What does family law cover in Bosnia and Herzegovina?
Family law governs relations within the family: the conclusion and dissolution of marriage, relations between parents and children, guardianship and adoption. It covers marriage and divorce, division of marital property, maintenance of a child and of a spouse, custody after divorce, establishment of paternity and guardianship over minors.
How is a right of inheritance acquired in B&H?
The grounds of succession are not the same throughout B&H. In the Federation of B&H a right of inheritance arises on the basis of statute, of a will, or of a contract of inheritance, and the contract of inheritance is permitted only between spouses or unmarried partners, including future spouses, and must be certified by a notary; in every other case it is void. In Republika Srpska and the BrÄko District a contract of inheritance is not permitted, so succession follows only from statute and from a will.
Can our citizens in the diaspora inherit property in B&H?
Yes. The inheritance statute of the Federation of B&H provides that all natural persons are equal in succession under the same conditions and that foreign nationals inherit on an equal footing with citizens of Bosnia and Herzegovina, so those who no longer hold B&H citizenship inherit on equal terms. It is advisable to instruct an attorney who can represent the heirs in probate proceedings in B&H without their having to attend hearings in person.
What is property (real) law and what does it cover?
Property law, often called real law, deals with ownership and other rights over things. It covers ownership of real estate and movables, easements, the right of pledge including mortgages over immovable property, possession and its protection, and property relations concerning the use and disposal of assets. It comes to the fore in real estate transactions, leases, the creation of a mortgage, expropriation and registration of rights in the land registry.
Why does it matter to instruct an attorney when a contract is drafted?
An experienced attorney makes sure the contract states the rights and obligations of the parties clearly, brings it into line with the applicable rules and protects your interests. Sound legal help with contracts is necessary today for private clients and companies alike, because it prevents lengthy litigation and financial loss.
What is a contract of lifetime support and what is the attorney's role in preparing it?
A contract of lifetime support is an agreement under which a potential heir undertakes to support the testator for life and, on death, acquires the property. Such a contract must be certified by a notary and drafted with particular legal care if it is to be valid and fair, which is why instructing an attorney matters.
How can an attorney help in property disputes over real estate?
An attorney for property matters can carry out detailed checks of the documentation for a property, warn of legal defects such as encumbrances or pending disputes, draft the necessary contracts and submissions and represent you before notaries, the cadastre and the courts. Professional help lets you avoid invalid contracts, loss of ownership and lengthy litigation.
What is the limitation period for claims in B&H?
The general period is prescribed by Article 371 of the Law on Obligations, but it differs in the practice of the two entities: five years in the Federation of B&H and ten years in Republika Srpska. Shorter special periods apply in both entities: three years for periodic claims such as interest, three years for mutual claims of legal persons under contracts for the supply of goods and services, three years for rent, three years from knowledge for damages with an outer limit of five years from the occurrence of the damage, and one year for utility services supplied for household needs. Claims established by a final judgment or a court settlement become time-barred after ten years even where the statutory period is shorter, so it is important to start debt collection in good time.
How much does a civil law attorney cost in B&H?
In the Federation of B&H fees are calculated under the Tariff on the remuneration and reimbursement of costs of attorneys, and in Republika Srpska under the tariff of the Bar Association of Republika Srpska. The fee is set in points, depending on the type of step and the value of the dispute, so the approximate cost of representation can be estimated before the case is taken on. For simpler matters the office usually offers a flat fee, and for disputes a calculation under the attorney tariff.
Can an attorney act for a client in the diaspora without a visit to B&H?
Yes. It is enough for the client to grant a power of attorney, certified at a consulate of Bosnia and Herzegovina or before a notary in the country of residence, with an apostille where one is required. The office then conducts the representation before the court, the notary and the cadastre without the client having to attend hearings in person. Most diaspora clients come from Germany, Austria and Switzerland, and correspondence is conducted in Bosnian, German and English.
How long do civil proceedings take in B&H?
The duration depends on the type of dispute, the extent of the evidence and the caseload of the court. First-instance civil proceedings in B&H most often take between one and three years in practice, and the deadline to appeal a first-instance judgment is 30 days from service of the judgment, or 15 days in disputes over bills of exchange and cheques. Mediation is as a rule considerably faster and cheaper, so it is worth considering before proceedings are started.
Other practice areas of the office
We provide legal help and representation across a wide range of areas in Bosnia and Herzegovina:
Note: prepared by Law Office Prnjavorac (attorneys Azur and Alma Prnjavorac). This text is for information only and is not legal advice in a specific case.
