Chapter 4: Bosnia and Herzegovina
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The private international law of Bosnia and Herzegovina is still under strong influence of the Yugoslav tradition. The significant constitutional changes in BiH in comparison to the Yugoslav era, however, pose new challenges specific to Bosnia and Herzegovina. It is now a multi-unit state with potential different interpretations of the public policy exceptions under different legal orders within BiH. The public policy of BiH is subject to the process of Europeanisation under strong influence of EU Law and the ECHR. The court practise on the public policy exception remains rare and exists mostly in the proceedings on recognition and enforcement of foreign judgments, where the status of domestic citizens is decided upon in family relations. The modern private law solutions in contract law and commercial matters in BiH offer little room for the use of public policy, while in succession matters it may be expected that there will be more cases in the future.

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