Summary
Summary
The paper deals with specific solution of the Republic of Srpska Law
on Inheritance regarding the inheritance of author’s rights. The legal heirs
of author’s rights are children, spouse and parents of the author, and in the
absence of those persons, the state appears as a successor. The author of the
paper points out to the legislative failings, as well as to the inconsistency
of the provisions of the Law on Inheritance with the provisions of the Law
on Copyright and Related Rights. The limitation of the circle of legal heirs
deviates from the key principles of inheritance law, the principle of the universality of inheritance and the principle of equality in inheritance. Analyzing the aforementioned legal solution through the prism of the basic goals
of inheritance law, the protection of the family and the protection of private
property, it has been shown that the envisaged limitation of the circle of
legal successors has no legal or social foundation. Particular attention was
paid to the problem of interpreting controversial provisions on the circle of
legal heirs, especially taking into account adoptive kinship. The conclusion
is that there is no place in the law of Republic of Srpska for special rules on
the inheritance of author’s rights, and that the provision at question should
be deleted from the Law on Inheritance.
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