NASLEDNA PRAVA SUPRUŽNIKA IZ ISTOPOLNOG BRAKA ZAKLJUČENOG U INOSTRANSTVU I PRIMENA SUPSTITUCIJE
INHERITANCE RIGHTS OF THE SPOUSE FROM SAME-SEX MARRIAGE CONCLUDED IN ABROAD AND THE PROBLEM OF METHODOLOGICAL INSTRUMENT SUBSTITUTION

Summary/Abstract: The paper deals with the position of the spouse from same-sex marriage concluded in abroad in the case when bequest of a deceased same-sex spouse is discussed before the court in the Republic of Serbia and when domestic law is the applicable law for succession. Besides, it particularly analyzes the application of methodological instrument substitution in order to solve dilemma if the marital status, made by conclusion of valid same-sex marriage in abroad, could be "appreciated" in our country. For the purpose of resolving this complex problem, some hypothetical cases are created illustrating mentioned dilemmas and represent possible guidelines for decision of domestic courts.

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