(NON) GRANTING OF MEHR IN THE CIVIL PROCEEDINGS IN BOSNIA AND HERZEGOVINA

Abstract

UDK 28-74:347.627.2

The subject-matter of this article is the real prospect of mehr being paid in lawsuits in Bosnia and Herzegovina. The article presents some aspects of mehr and analyzes positive regulations that are similar in their nature to mehr. Thus the analysis is made of the marriage contract and gift contract. The comparison is also made between these and the mehr. Considering the aspects of the time of payment, there are two kinds of mehr: mehr mu’ajjel and mehr muwejjel.   Mehr mu’ajjel is paid straight away at the time of the marriage thus its payment is not considered here. The analyses made in this article are in regards to the second kind, mehr muwejjel which is paid later on. After the comparison between the marriage contract and the mehr we were able to conclude that there are differences in the actual effect of these two. This is so particularly with regards to formal validity; this is to say that mehr does not produce legal consequence whereas the marriage contract does. However, when mehr is compared to gift contract the comparison showed that mehr can itself be considered as a gift contract; such can produce legal consequence according to the law of Bosnia and Herzegovina. This is very important for it can bring about more responsible approach of men towards the mehr and would mean that women can exercise their rights in these cases.