APPLICATION OF RENVOI IN CROSS-BORDER SUCCESSION CASES CONNECTED TO EU MEMBER STATES AND SERBIA - SOME REMARKS FROM EU AND SERBIAN POINT OF VIEW
APPLICATION OF RENVOI IN CROSS-BORDER SUCCESSION CASES CONNECTED TO EU MEMBER STATES AND SERBIA - SOME REMARKS FROM EU AND SERBIAN POINT OF VIEW

Summary/Abstract: The aim of this paper is to assess the problems of the application of renvoi in cross-border succession cases connected to EU Member States and Serbia, which will be discussed from the perspective of both EU and Serbian private international law. As concerns EU private international law, the study begins with the presentation of the relevant conflict-of-law rules of EU Succession Regulation (ESR), which are primary based on the habitual residence of the deceased and follow the principle of the unity of succession, and continues with the analysis of the renvoi rule of Art. 34 of ESR which provides for the application of the conflict-of-law rules of Serbia as a third State provided Serbian law has been specified as applicable law by the conflict-of-law rules of ESR. When it comes to Serbian private international law, the study analyzes the conflict-of-law rules of Art. 30 of Serbian PIL Act, which are solely based on the nationality of the deceased and follow the principle of the unity of succession, together with the renvoi rule of Art. 6 of Serbian PIL Act, which imposes the application of the conflict-of-law rules of a foreign State (EU Member State) referred to by the rules of Art. 30 of Serbian PIL Act. Finally, in the absence of relevant case law on renvoi issues caused by the divergent conflict-of-law rules of ESR and the Serbian PIL Act, a few hypothetical cases involving such issues, created for the purposes of this paper, will be discussed from both the EU and Serbian point of view.

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