International private law

International private law governs all private-law relationships with a foreign element, in short, situations in which a legal relationship is connected to another country. In today's globalised world, and given the large diaspora from Bosnia and Herzegovina, such situations are increasingly common. Typical examples include a marriage between a citizen of BiH and a foreign national, inheritance of assets located abroad, the purchase of real estate in BiH by a foreign national, or a contract concluded between companies from different states. In such cases, two complex questions arise: which law applies and which court has jurisdiction? The foreign element may lie in the parties themselves (for instance, one party is a foreigner or lives abroad), in the subject matter of the relationship (for instance, the property is located abroad), or in the legal basis of the relationship (for instance, foreign law must be applied or a foreign judgment must be recognised in BiH). Wherever it appears, that foreign element adds complexity, because different legal systems have to be reconciled. These questions are resolved by special rules known as conflict of laws rules, but it is very difficult for an individual or a company to handle them alone, particularly where communication with institutions abroad is required.

Our law office has extensive experience in international private law. We regularly handle cases connecting the legal systems of several countries, working with parties and institutions around the world. Most of our matters involve Germany, Austria, Switzerland or the United States, as well as the neighbouring countries of the region. We represent and advise both foreign nationals asserting their rights in Bosnia and Herzegovina and citizens of BiH, including the diaspora, in legal matters that require coordination with authorities abroad. The key areas in which we provide legal services in international private law are set out below.

Marital and family relations with a foreign element

Family life today often crosses national borders. Many of our fellow citizens marry foreign nationals or live abroad, so family-law questions become more complex because several different laws may apply. International marriages and divorces are a typical example: where the husband is from BiH, the wife from Austria and the couple lives in Germany, a divorce brings three legal systems into play. It must be established where divorce proceedings are to be brought and under which law questions such as the division of property or custody of children are to be resolved. In addition, a divorce granted abroad must be separately recognised before a court in BiH in order to take legal effect (registration of a foreign divorce in the civil registers).

Our law office provides full support in marital and family disputes with a foreign element. We represent clients in divorce proceedings before the domestic courts where the spouses live in different countries or hold different citizenships, ensuring that the conflict of laws rules are observed and that the decision is effective internationally. Where grounds exist, we also bring proceedings for annulment of marriage. Beyond divorce, we handle questions of custody and child support where the parents live in different countries, making sure that decisions on custody or maintenance issued abroad are recognised and enforceable in BiH. We are aware how sensitive family matters are, and we work to ensure that clients secure their family rights as quickly and safely as possible, whatever the international dimension of the case.

Inheritance of assets and probate proceedings

An international character often marks inheritance proceedings as well. It is not unusual for the deceased to have left assets in several countries, or for the heirs to be scattered across the world. It must then be established which court will conduct the probate proceedings and under the law of which country. These questions are resolved under the conflict of laws rules, but what matters most to the heirs is that every person has an equal right to inherit. Even foreign nationals, including members of our diaspora who no longer hold BiH citizenship, may inherit property in BiH on equal terms with citizens of BiH. In other words, if a family member has left you an inheritance in the old country, you may inherit it regardless of your current citizenship, and conversely, assets abroad may pass to an heir living in BiH.

Our team of attorneys provides comprehensive legal assistance in inheritance matters with a foreign element. We represent foreign nationals in probate proceedings before the courts of BiH, as well as citizens of BiH in asserting inheritance rights abroad, in cooperation with partner attorneys in other countries. Many members of our diaspora instruct us to represent them in probate proceedings in BiH so that they do not have to attend hearings in person. We take care of every necessary step, from collecting and certifying documents to filing the petition with the court and appearing at hearings. Our aim is that every client receives what the law provides, with a minimum of complications, even where the estate covers assets in several countries.

Real estate and property of foreigners in BiH

The purchase of real estate and other property matters may equally have an international character. Foreign investors and individuals are increasingly interested in buying flats, houses, land or movable property in Bosnia and Herzegovina, while many of our citizens abroad manage property they have inherited or acquired at home. Under the principle of reciprocity, a foreign national may buy real estate in BiH provided that a citizen of BiH may do the same in that person's country. In practice, this condition is met for most countries. In short, foreigners today are almost fully equal to citizens of BiH in terms of ownership rights. It is particularly important that persons born in BiH, and their descendants, if they no longer hold BiH citizenship, acquire real estate as foreign persons, subject to reciprocity, which is presumed (Article 15 of the Law on Rights in Rem of the FBiH), and by inheritance even without reciprocity, which matters for the diaspora wishing to keep property in Bosnia and Herzegovina.

Our law office regularly represents foreign nationals in the purchase of real estate in BiH and in other property transactions. We prepare the documentation, verify the legal status of the property, draft the contracts and arrange certification of signatures or representation before a notary. We frequently enable foreign clients to complete a purchase without travelling to BiH, by power of attorney. At the same time, we help citizens of BiH in the diaspora to manage or sell their property at home without having to travel, since we carry out every step while keeping the client informed throughout. Many diaspora clients have successfully completed property transactions in BiH with our assistance. In this way both foreigners and our emigrants can be confident that their ownership rights in BiH are protected.

Contracts and claims for damages with a foreign element

Contractual and non-contractual obligations frequently take on an international dimension in modern business and private life. Whether you are concluding a contract with a foreign partner or a damaging event has occurred in another country, it is important to know in advance what rights and obligations you have under the various legal systems. We advise clients when concluding contracts with a foreign element, ensuring that the contract is properly drafted, that the applicable law and jurisdiction are agreed in advance, and that any special formal requirements for use abroad, such as international certification, are met.

If a dispute arises, we represent you in proceedings for debt collection or compensation for damages, whether before the courts of BiH or through cooperation with attorneys abroad, depending on jurisdiction. We also have experience in international commercial disputes and arbitration: where the contract provides for arbitration, we will prepare your case and ensure that the arbitral award is recognised in BiH.

Recognition of foreign court and arbitral decisions

A foreign court decision, for example a divorce judgment or a judgment for the collection of a debt issued abroad, will have no legal effect in BiH until a domestic court recognises it. Only once the domestic court issues a decision on recognition does the foreign judgment become equal to a domestic one and capable of being enforced in BiH. Our office provides a full service in proceedings for the recognition of foreign judgments, from determining the competent court, preparing the petition and collecting the required documents, to representation at the hearing and obtaining a final decision. Following recognition, we also initiate enforcement proceedings in order to carry the decision through and secure your right.

We also obtain recognition of foreign arbitral awards before the courts of BiH on the basis of international conventions. International arbitral awards thereby become enforceable in BiH. Our team has experience in these proceedings and has successfully secured recognition of numerous foreign court and arbitral decisions in BiH, both for individuals and for internationally known corporations.

Representation of foreign nationals and the diaspora

Whether you are a foreign national who needs legal assistance in BiH or a citizen of BiH living abroad with a legal problem in Bosnia and Herzegovina, we can make it easier for you to assert your rights. We provide foreign nationals with every form of legal support and representation before the courts and institutions of Bosnia and Herzegovina, whether the matter is a family, property, business or other question. We enable our people abroad to resolve their legal affairs in BiH without travelling: a duly certified power of attorney is enough, and we will handle the entire matter professionally while consulting you throughout. Many clients have completed divorce, inheritance, real estate sale or debt collection proceedings in BiH in exactly this way.

In short, international private law is complex, but with the support of our experienced law office every case can be resolved efficiently. Leave your cross-border legal challenges to us, contact us and see why clients around the world place their trust in this office.