Civil Law in Bosnia and Herzegovina – Field of Work of the Law Office
Civil Law in B&H encompasses a set of regulations that govern relationships between private individuals – whether natural persons, companies or families. It is a broad branch of law that touches the everyday lives of citizens, both those living in Bosnia and Herzegovina and our people in the diaspora. The key areas covered by civil law are the Law on Obligations (contracts and obligations/liabilities), Property Law (assets and real rights), Family Law (family relations) and Inheritance Law (inheritance relations). In practice, citizens most often encounter these branches – whether they are concluding a contract/agreement, resolving a property dispute, going through a divorce or participating in an inheritance procedure. According to the experience of attorney/legal practice, the greatest demand for legal services in Bosnia and Herzegovina relates to cases of obligations, real rights, family and inheritance. Below, we provide an overview of these areas of civil law and explain how an experienced civil law attorney can provide you with professional assistance and legal protection.
Law on Obligations (contracts and liabilities)
The Law on Obligations regulates contractual relations and other liabilities/obligations between entities. This means that it prescribes rules for the creation, execution and termination of obligations arising from various legal transactions and facts. According to the Law on Obligations, obligations may arise from contracts, damage caused (delict), acquisition without grounds, management without orders/instructions, unilateral declaration of will and other grounds provided for by law. In practice, this area includes contracts of all types – from purchase-sale and lease contracts, through loan or insurance contracts, to complex commercial-trade contracts – as well as liability for damage (compensation for material and non-material damage). Legal assistance in drafting contracts is of utmost importance: an experienced attorney-at-law will ensure that the contract clearly defines the rights and obligations of the parties, will bring it into line with applicable regulations, and will protect your interests. If a dispute arises – for example, due to non-fulfilment of contractual obligations or damage caused by someone else’s negligence – a lawyer can initiate proceedings for damages or termination/annulment of the contract and represent you in court. In other words, in contractual relations, a lawyer ensures that your contractual rights are respected and that, if the other party fails to fulfil its obligations, you obtain appropriate legal protection. Quality legal assistance regarding contracts and obligations is necessary today for both citizens and companies, as it prevents long-term litigation and financial losses.
Family Law (marital and family relations)
Family Law regulates relationships within a family – from conclusion and termination of marriage (divorce), through parent-child relationships, to custody and adoption. In Bosnia and Herzegovina, this area is regulated by entity Family Laws (especially for the Federation of Bosnia and Herzegovina and the Republika Srpska), which stipulate in detail the rights and obligations of family members. Thus, the Family Law of the Federation of B&H regulates the family, marriage and marital relations, parent-child relations, adoption, guardianship, extramarital union (common law marriage) and all related matters. In practical terms, family law includes matters such as: marriage conclusion and divorce, division of marital property, alimony (child support or a spouse support), custody and care of children after divorce, withdrawal or return of parental rights, establishment of paternity, as well as the institution of guardianship over minors or legally incapacitated persons. These procedures can often be emotionally difficult and complex, which is why professional legal support is of great benefit. A family law attorney can guide you through the divorce process – filing a lawsuit, conducting the proceedings, and protecting your interests when making decisions about children and assets. Also, an attorney will ensure that when dividing marital property (jointly acquired property) the legal provisions are correctly applied and that each spouse gets what is due to him or her. In matters such as custody or adoption, legal advice is practically essential because the best interests of the children are at stake – an attorney will ensure that the procedure is carried out in accordance with the law and that the rights of a child are fully respected. In general, in all family disputes in Bosnia and Herzegovina, it is advisable to have an attorney who will advise you on your rights and obligations, and take the necessary steps to resolve these sensitive relationships with as little stress as possible and with the most favorable outcome for you.
Inheritance Law (succession-inheritance relations and probate)
Inheritance Law deals with the disposal of property after the death of one person (the testator) and the transfer of that property to his/her heirs. In B&H, inheritance law is also regulated by special entity laws on inheritance, which define who the legal heirs are, how a valid will is made, and how the probate procedure proceeds. Inheritance relations in Bosnia and Herzegovina can be quite complex – especially in situations where the testator has property in several countries or when the heirs are abroad – but the basis is always in the law. Inheritance relations in Bosnia and Herzegovina are regulated in such a way that you can acquire the right of inheritance in three ways: based on the law (legal inheritance if there is no will), on the basis of a will (testamentary inheritance) or on the basis of an inheritance contract/agreement. This practically means that, if the testator / decedent did not leave a will or conclude an inheritance contract, his/her property is divided among the legal heirs (children, spouse, parents, etc.) according to the order of succession established by the law. Inheritance Law also protects the equality of heirs – all persons have equal rights to inherit under equal conditions, and even foreigners (e.g. our citizens in the diaspora who no longer have B&H citizenship) can inherit property in Bosnia and Herzegovina on an equal basis with B&H citizens. In this field area, institutes such as a lifetime maintenance contract (life care contract / agreement on lifelong support) often appear, whereby one potential heir undertakes to support the decedent for life, and in return, upon death, acquires his/her property – such a contract must be drawn up with special legal attention in order to be valid and fair. After someone's death, probate proceedings are initiated before a competent court (or a notary public as a court trustee) in which the decedent's property is determined and inheritance is decided. In this procedure, the lawyer can represent the interests of the heirs – e.g. if you believe that you are entitled to a necessary part of the inheritance that was denied to you by the will, the lawyer will initiate a litigation for the reduction of the will; or if there is a dispute between the heirs about the division of property, the representative will protect your rights in court. For our citizens in the diaspora, it is very useful to hire an attorney to represent them in probate proceedings (inheritance proceedings) in Bosnia and Herzegovina (so that they do not have to attend the hearings in person) and to advise them on the best solutions – for example, whether to accept the inheritance or renounce it in favor of another. In short, inheritance law ensures that property is passed on to legal or intestate heirs, and a lawyer will make sure that process goes smoothly and with full respect for your inheritance rights.
Property Law (ownership and real rights)
Property Law – also known as real law – deals with ownership relations and other rights over things (assets). This includes the right of ownership (ownership) of real estates and movable properties, then the right of easement/right of servitude (right of passage, use of another person's property), the right of pledge (mortgages and pledges on property), the right of possession (actual possession of property), as well as all other property-legal relations related to the use and disposal of property. This area in B&H is regulated by modern laws on real rights (at the entity level of the Federation of Bosnia and Herzegovina and the Republika Srpska), which have unified the rules inherited from previous systems and harmonized them with modern European standards. In practice, property law most often comes to the fore in real estate transactions – the purchase and sale of apartments, houses and land – then in the lease (rent) of real estates, issues of neighborly boundaries and land use, the establishment of a mortgage, land expropriation procedures, registration of rights in the land registries, and the like. Each of these procedures requires knowledge of the law and regulations in order to properly protect the rights of the owner or other interested party. A property attorney plays a major role in this, as he/she can perform detailed checks of real estate documentation, warn of possible legal deficiencies (e.g. encumbrances or property disputes), draft the necessary contracts and submissions, and represent you before notaries, cadastres, and courts. It is especially important that our citizens living abroad (diaspora) hire a reliable lawyer when resolving property issues in Bosnia and Herzegovina – in this way, they ensure that their property in their homeland is legally protected and that all actions are carried out in accordance with the laws. Through professional legal assistance in this area, you can avoid numerous risks, such as invalid contracts, loss of ownership, or lengthy court disputes, and effectively exercise your property rights.
Legal assistance and the importance of a counsel / attorney-at-law in civil law
Whether it is about concluding a contract/agreement, resolving a property dispute, family matters or obtaining an inheritance – timely legal assistance is often crucial for protecting your rights. Regulations can be complicated, and proceedings before courts and other authorities can take a long time if not approached properly. An experienced civil law attorney knows the laws of Bosnia and Herzegovina in detail and can anticipate potential problems in advance. By hiring a lawyer, you get a professional advisor who will analyze your situation, explain to you what your rights and obligations are under applicable legislation and propose the best solution. For example, a lawyer will instruct you on what steps to take if the other party breaches the contract, how to secure evidentiary documents for the court or how to get registered as the owner of a property in the cadastre. Moreover, a lawyer can draft lawsuits, contracts, appeals and other submissions on your behalf, pay attention to deadlines (which are often crucial in law), and communicate with the opposing party or competent institutions. This saves you time and reduces the stress that legal proceedings bring. Legal protection of civil rights is essential because even seemingly small mistakes (e.g. a carelessly signed contract or a missed deadline for an appeal) can lead to large losses. Quality legal support ensures equality of parties – let us recall that parties in civil relations are equal under the law and have the freedom to regulate their relationship, but only on condition that they respect mandatory regulations, public order and good customs. A lawyer will ensure that these conditions are met and that neither party abuses their rights to your detriment. Ultimately, investing in the services of an attorney means safety and prevention – it is much better to prevent a legal problem or resolve it at an early stage than to suffer the consequences of inadequate legal protection later. Whether you are an individual, entrepreneur, or family member facing a legal challenge, the professional assistance of a civil law attorney can give you peace of mind that your rights are protected and that your interests will be represented in the best possible way.
Civil law permeates many aspects of life in B&H – from business relationships and property, to family and inheritance issues. In a dynamic legal environment like ours, having an experienced lawyer is not a luxury, but a necessity. A qualified civil law lawyer in Bosnia and Herzegovina will help you understand your rights and obligations, successfully navigate legal procedures and, most importantly, achieve full legal protection in all civil law matters. With such support, you can devote yourself to your personal or business goals, knowing that your legal affairs are in safe hands.
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