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LEGALMATRIMONIALREGIME IN B&H

Keywords: matrimonial regime , family legislation

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Abstract:

Matrimonial regime between spouses or between extramarital partners, and between parents and children is regulated by the Family LawAct of Bosnia and Herzegovina Federation, hereinafter FLA B&HF (SG FBiH 35/05, 41/05), Family Law Act of the Republic of Srpska, hereinafter FLA RS (SG RS”54/02, 41/08) and the Family LawAct of Br ko District, hereinafter FLA BD (SG RS, 66/07). Legal rules used for the regulation of the matrimonial regime between spouses, as well as between spouses and third parties make matrimonial regime (Ponjavi , 2005, p. 361). Matrimonial regime between spouses in family legislation in Bosnia and Herzegovina (B&H) is regulated in two following ways: as legal matrimonial regime and as contract matrimonial regime. Legal regime is the one which applies on spouses if not arranged otherwise prior to contracting marriage or during marriage. In this paper the author indicates the differences between the legal matrimonial regimes of the two entities as well as those between the entities and Br ko District of Bosnia and Herzegovina.

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