OSVRT NA PREDLOŽENE IZMJENE PORODIČNOG ZAKONA FEDERACIJE BOSNE I HERCEGOVINE: TREBA LI UKINUTI INSTITUT ODUZIMANJE POSLOVNE SPOSOBNOSTI?
REVIEW OF THE PROPOSED AMENDMENTS TO THE FAMILY LAW OF THE FEDERATION OF BOSNIA AND HERZEGOVINA: SHOULD THE INSTITUTE OF REVOCATION OF BUSINESS CAPACITY BE ABOLISHED?

Summary/Abstract: The process of reforming the provisions of the family law related to the institute of business capacity of a natural person is taking place in the Federation of Bosnia and Herzegovina. The goal of this reform is the implementation of the ECHR9s judgement in the case Hadžimejlić and others v. Bosnia and Herzegovina (App. no. 3427/13, 74569/13 and 7157/14; judgment of November 3, 2015). It established a violation of the right to freedom and security (Art. 5. of the European Convention for the Protection of Human Rights and Fundamental Freedoms) due to the fact that the applicants – persons with mental disorders, were illegally housed and detained for an excessively long time in a social protection institution, without periodic review of the decision on that placement. Following the views of the ECHR and the meaning of the provisions of the Convention on the Protection of the Rights of Persons with Disabilities of the United Nations, the Draft Law on Amendments to the Family Law of the Federation of Bosnia and Herzegovina completely abandons the existing institute of deprivation of business capacity, and leaves the institute of limitation of business capacity. At the same time, it innovates that institute as well as includes the court in the procedure of making and reviewing the decision to place a person with limited business capacity in a social protection institution. It is interesting that in some neighboring countries (eg. in Croatia) the institution of deprivation of business capacity had already been abolished, and then incor porated again into the Family Law Act, because its abolition turned out to be an inadequate and impractical solution. The paper will analyze the proposed changes in the Family LawAct of the Federation of Bosnia and Herzegovina, i.e. the arguments for and against the abolition of the institute of deprivation of business capacity will be reviewed.

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