JURISDICTION IN MATTERS WITH FOREIGN ELEMENT Cover Image

ЈУРИСДИКЦИЈА У СТВАРИМА СА ИНОСТРАНСТВОМ (форуми: домицила, пословне јединице и имовине)
JURISDICTION IN MATTERS WITH FOREIGN ELEMENT

Author(s): Milan Pak
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Правни факултет Универзитета у Београду
Keywords: Jurisdiction; Forum of domicile; Forum of business unit and forum of property

Summary/Abstract: It is possible to notice in the rules of jurisdiction, as an instrument of exerting one of the most visible forms of sovereign power of a state, some characteristics of legal and political systems, the aims and tendencies of development of economic policy - not only in individual countries but in winder international communities and/or unions, too. Differences in interests, however, did not prevent states to regulate, both in municipal and foreign sources, the conflict between domestic and foreign jurisdictions in order to facilitate international trade of goods and services, and to provide legal security of civil-law relations with foreign element. While starting with general categories of jurisdiction in domestic litigation and in that with foreign element, in order to point by comparative method at differences in general and particular jurisdiction rules of various countries and legal systems (European continental, Anglo-Saxon, and more particularly that of the USA), including the differences in judicial systems, institutes and categories, the author emphasizes the tendencies toward unification of these rules, as expressed in the Luxemburg and Lugano conventions on jurisdiction and execution of foreign judicial decisions. These documents are an evidence that all differences between states and systems, such as European (continental) and Anglo-Saxon, may be surpassed by a sompromise.

  • Issue Year: 43/1995
  • Issue No: 1-2
  • Page Range: 23-41
  • Page Count: 19
  • Language: Serbian