IS IT TIME FOR NEW LAWS ON PRIVATE INTERNATIONAL LAW IN BOSNIA AND HERZEGOVINA Cover Image

ДА ЛИ ЈЕ ДОШЛО ВРИЈЕМЕ ЗА ДОНОШЕЊЕ НОВИХ ЗАКОНА О МЕЂУНАРОДНОМ ПРИВАТНОМ ПРАВУ У БОСНИ И ХЕРЦЕГОВИНИ
IS IT TIME FOR NEW LAWS ON PRIVATE INTERNATIONAL LAW IN BOSNIA AND HERZEGOVINA

Author(s): Valerija Šaula
Subject(s): Law, Constitution, Jurisprudence, Civil Law, International Law, Administrative Law
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: Law on Private International Law; constitutional competence of the Entities (cantons); new codifications in the region; harmonization with the European Private International Law;

Summary/Abstract: The author deals with some dilemmas that appeared in expert circles and authorities that have no constitutional competence to deal with issues related to private law situations with international element. The author of the present paper is of the opinion that before starting any activity related to the preparation of new laws or amending the existing laws on conflict of law resolution, two facts should be taken into account. First, given the fact that the constitutional competence to deal with these issues lies within the Entities (cantons) and the Brcko District of Bosnia and Herzegovina, it is essential to secure maximum coordination of the efforts on all levels of the competence, so that the proposed solutions could be as harmonized as possible. Secondly, the process of drafting of the new laws in this field has not yet been finished in the Republic of Serbia and Republic of Croatia. Since the previous Yugoslav law of 1982 has been prepared by the expert teams of the law faculties and corresponding institutes in Belgrade and Zagreb, it is advisable to wait for the new laws of these two neighboring countries and adjust to them in the process of drafting the same laws in Bosnia and Herzegovina.

  • Issue Year: 2011
  • Issue No: 33
  • Page Range: 91-101
  • Page Count: 11
  • Language: Serbian
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