POSSIBILITY OF LEGAL INHERITANCE OF UNMARRIED SPOUSES WITH SPECIAL REFERENCE TO THE DECISION OF THE CONSTITUTIONAL COURT OF BIH

Abstract

This article discusses the possibility of legal inheritance of common-law spouses (partners). The critical analysis of the decision of the Constitutional Court of Bosnia and Herzegovina no. AP 4207/13 of September 30, 2016. years. It starts from the hypothesis that neither positive law nor comparative law has a basis to enable (unreserved and unlimited) the right of legal inheritance between non-marital partners, who have the possibility to marry and then acquire the legal right of inheritance. The aim of this article is to determine the possibility of legal inheritance of extramarital partners in a comparative legal context (countries of the former SFRY and European countries), in positive law, but also in a critical analysis of the decision of the Constitutional Court of Bosnia and Herzegovina in connection with this topic.