Private International Law « The Law Firm's Practice
Private international law is a branch of law that deals with all private relationships with an international element – in short, situations where a legal relationship contains a connection with a foreign country. In today's globalized world and with a large Bosnia and Herzegovina diaspora, such situations are increasingly common. Examples include a marriage of a Bosnia and Herzegovina citizen with a foreigner, inheritance of property abroad, purchase of real estate in Bosnia and Herzegovina by a foreign citizen or conclusion of a contract between companies from different countries. In such cases, complex questions arise: Which law applies and which court has jurisdiction? The element of international character can appear in the participants themselves (e.g., one party is a foreigner or lives in another country), in the subject matter of a relationship (e.g., a property is located abroad), or in the legal basis of a relationship (e.g., it is necessary to apply a foreign law or recognize a foreign court decision in B&H). Regardless of where it occurs, this "foreign element" introduces additional complexity, because it is necessary to harmonize different legal systems. Resolving such issues is entrusted to special rules (conflict-of-laws norms), but it is very complex for an average person or company to navigate this on their own – especially when communicating with institutions abroad is required.
Our law office has extensive experience in the field of private international law. We regularly work on cases that connect the legal systems of several countries, cooperating with parties and institutions around the world. We most often encounter cases that have connections with countries such as Germany, Austria, Switzerland or the United States, but also with neighboring countries in the region. We represent and advise both foreign citizens in exercising their rights in Bosnia and Herzegovina, as well as Bosnia and Herzegovina citizens (including the diaspora) in resolving legal issues that require coordination with abroad. The key areas in which we provide legal services in the field of private international law are described below.
Family and Marital Matters with an International Element
Family life today often transcends the borders of a single country. Many of our fellow citizens marry foreigners or live abroad, and family law issues are complicated by the fact that different laws may apply to them. International marriages and divorces are a typical example: for example, spouses where the husband is from B&H, the wife from Austria, and they live in Germany, are faced with three legal systems when divorcing. It needs to be determined where to initiate divorce proceedings and under which law to resolve issues such as the division of property or custody of children. Also, a divorce concluded abroad must be specifically recognized before a court in Bosnia and Herzegovina in order to produce legal effect (registration of the foreign divorce in the registries).
Our law firm provides complete support in matrimonial and family disputes with an international element. We represent clients in divorce proceedings before domestic courts when spouses live in different countries or have different citizenships, ensuring that conflict-of-laws norms are respected and that the decision is valid internationally. We also initiate proceedings for annulment of marriage (determination of nullity) if there are grounds for this. In addition to divorce, we also deal with issues of custody and child support when parents live in different countries – we ensure that decisions on custody or alimony made abroad are recognized and enforceable in B&H. We are aware of how sensitive family matters are, and we strive to ensure that clients exercise their family rights as quickly and safely as possible, regardless of the international dimension of a case.
Inheritance of Property and Probate Proceedings
The international nature often characterizes hereditary procedures as well. It is not uncommon for the testator (deceased person) to have property in several different countries or for their heirs to be scattered around the world. Then it must be determined which court will conduct the probate proceedings and according to the law of which country. These issues are resolved according to the conflict-of-laws rules, but the most important thing for the heirs is that all persons have an equal right to inherit the property. Even foreign citizens (including our citizens in the diaspora who no longer have B&H citizenship) can inherit property in Bosnia and Herzegovina under equal conditions as B&H citizens. In other words, if a family member left you an inheritance in your homeland, you can inherit it regardless of your current citizenship, and vice versa – property abroad can belong to an heir from Bosnia and Herzegovina.
Our team of attorneys-at-law provides comprehensive legal assistance in resolving inheritance with an international element. We represent foreign citizens in inheritance proceedings before courts in Bosnia and Herzegovina, as well as B&H citizens in exercising inheritance rights abroad (in cooperation with partner lawyers in other countries). Many of our people in the diaspora hire us to represent them in inheritance proceedings in B&H so that they do not have to attend hearings in person. We take all the necessary steps – from collecting and certifying documentation, to submitting proposals to the court and representing them at hearings. Our goal is for each client to achieve what is legally theirs with a minimum of complications, even when the inheritance includes property in multiple countries.
Real Estate and Property of Foreign Nationals in Bosnia and Herzegovina
The purchase of real estate and other property matters can also have an international dimension. Foreign investors and individuals are increasingly interested in buying apartments, houses, land, or movable property in Bosnia and Herzegovina, while many of our citizens living abroad manage property they have inherited or acquired in their home country. Under the principle of reciprocity (mutuality), a foreign national may purchase real estate in Bosnia and Herzegovina if a B&H national may do the same in that foreign national’s country. In practice, this condition is met for most states. In short, foreigners today are almost equal to B&H citizens with respect to ownership rights. It is particularly important that persons born in B&H or their descendants, even if they no longer hold B&H citizenship, are not treated as foreigners under the Law on Real Rights – being a major advantage for members of the diaspora who wish to retain property in Bosnia and Herzegovina.
Our law office routinely represents foreign nationals in real-estate purchases and other property transactions in Bosnia and Herzegovina. We prepare documentation, verify the property’s legal status, draft agreements, and arrange notarization or representation before notaries. We frequently enable foreign clients to purchase property without traveling to B&H, through a properly executed power-of-attorney. At the same time, we help B&H citizens in the diaspora manage or sell their property at the homeland without the need to travel – we handle all required actions and keep clients continuously informed. Many diaspora clients have successfully completed property transactions in Bosnia and Herzegovina with our assistance. In this way, both foreigners and our emigrants can be confident that their ownership rights in Bosnia and Herzegovina are protected.
Contracts and Claims with an International Element
Relationships regarding obligations (contracts and claims) often take on an international dimension in modern business and life. Whether you are contracting with a foreign partner or have suffered a loss (damaging event) in another country, it is crucial to know in advance which rights and obligations you have under different legal systems. We advise clients on cross-border element contracting – we make sure that the contract is drafted correctly, that you determine in advance which law and jurisdiction will apply, and we fulfill any special requirements of a form for abroad (e.g. international certifications).
If a dispute arises, we represent you in proceedings for the collection of claims or compensation for damages, either before courts in B&H or through cooperation with attorneys abroad (depending on the jurisdiction). We also have experience in international commercial disputes and arbitration – if the contract provides for arbitration, we will prepare your case and ensure that an arbitration decision/judgement is recognized in Bosnia and Herzegovina.
Recognition of Foreign Court Decisions/Judgments and Arbitral Decisions/Judgments
A foreign court decision (e.g. a divorce or debt collection judgment from abroad) shall not have legal effect in Bosnia and Herzegovina until it is recognized by a local court. Only after the domestic court issues a decision on recognition, does the foreign judgment become equivalent to a domestic one and can be enforced (compulsorily executed) in Bosnia and Herzegovina. Our office provides a full range of services in the process of recognizing foreign court decisions – from determining the competent court, preparing a proposal and collecting the necessary documents, to representing you at a hearing and obtaining a final decision (Bosnian: pravosnažno rješenje). After recognition, we also initiate enforcement proceedings in order to enforce the decision and exercise your rights.
We likewise obtain recognition of foreign arbitral awards/decisions before B&H courts on the basis of applicable international conventions, making international arbitration decisions enforceable in Bosnia and Herzegovina. Our team has experience successfully recognizing numerous foreign court and arbitral decisions in B&H, for both individuals and well-known international corporations.
Representation of Foreign Nationals and the Diaspora
Whether you are a foreign national needing legal assistance in Bosnia and Herzegovina or a B&H citizen in the diaspora with a legal matter in Bosnia and Herzegovina, we can streamline the path to asserting your rights. We provide all forms of legal support and representation for foreigners before B&H courts and institutions (regardless if it is about family, property, commercial, and other matters). For our citizens abroad, we enable legal matters in Bosnia and Herzegovina to be resolved without your personal presence – a properly authenticated power-of-attorney is sufficient, and we will handle the rest with continuous consultation. In this way, many clients have successfully completed divorces, probate/inheritance, real-estate sales, and debt collection in Bosnia and Herzegovina.
In short, private international law is complex, but with the support of our experienced law office, each case can be handled efficiently. Entrust us with your cross-border legal challenges – contact us and see why clients around the world place their trust in our team.
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