UDC 34ISSN 2232-7339    e-ISSN 2303-4653
Godišnjak Pravnog fakulteta u Istočnom Sarajevu
Published yearbooks

   2010
      Vol. I No. 1/2010

   2011
      Vol. II No. 1/2011
      Vol. II No. 2/2011

   2012
      Vol. III No. 1/2012
      Vol. III No. 2/2012

   2013
      Vol. IV No. 1/2013
      Vol. IV No. 2/2013

   2014
      Vol. V No. 1/2014

   2015
      Vol. VI No. 1/2015

   2016
      Vol. VII No. 1/2016

   2017
      Vol. VIII No. 1/2017


INHERITANCE OF AUTHOR’S RIGHTS IN REPUBLIC OF SRPSKA

  PDF Full Text

Dimitrije Ćeranić
Svjetlana Ivanović

Faculty of Law,
University of East Sarajevo

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.

Key words: Author’s rights; Inheritance; Principle of universality; Principle of equality.
 

Dimitrije Ćeranić, dimitrijeceranic@yahoo.com;
Svjetlana Ivanović, svjetlanaivanovic@yahoo.com.