О ПРИЗНАЊУ И ИЗВРШЕЊУ СТРАНИХ СУДСКИХ И АРБИТРАЖНИХ ОДЛУКА
ON RECOGNITION AND ENFORCEMENT OF FOREIGN JUDICIAL AND ARBITRAL DECISIONS

Summary/Abstract: The conditions demanded for a decision of a foreign court of law or another organ to be recognized or enforced in SFR Yugoslavia are discussed in, the paper. Those conditions are provided by the Law on conflict of laws with foreign countries in certain relations (Off. Gaz. of SFRY no. 43/1982.). The author is of opinion that when express legal provisions lack, it should be considered that the enforcement can take place when it is based on a decision posing obligation consisting in an act or omission, while the recognition is achieved for all other decisions. The author is critical towards the provision that reciprocity is one of the conditions demanded for recognition. He sticks with the authors who regard reciprocity as a retorsive measure. If reciprocity is not guaranteed that measure injustly offends a' person wishing to perform in SFR Yugoslavia a right based on a foreign decision. The author states that reciprocity, although being a legal principle, has many considerable exceptions. One of those consists in - the provision that reciprocity is not required in case when a Yugoslav citizen demands a recognition or enforcement of a foreign decision. The author discusses the meaning of the provision that the existance of reciprocity is presumed unless the opposite is proved. As for the capacity to demand recognition the author is of opinion that any person having a certain legal interest is entitled to demand it. In the conclusion the author is critical towards the authors of the legal text, who should have consecrated more provisions to the procedure of recognition of a foreign decision.

• Details
• Contents