Inheritance of Author's Rights in Republic of Srpska Cover Image

Насљеђивање ауторског права у Републици Српској
Inheritance of Author's Rights in Republic of Srpska

Author(s): Dimitrije Ćeranić, Svjetlana Ivanović
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Author's rights;Inheritance;Principle of universality;Princple of equality;

Summary/Abstract: 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 uni- versality 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.

  • Issue Year: 8/2017
  • Issue No: 1
  • Page Range: 19-41
  • Page Count: 23
  • Language: Serbian