SPECIFIČNOSTI GRAĐANSKIH POSTUPAKA SA STRANIM ELEMENTOM I PROCESNI POLOŽAJ STRANIH DRŽAVLJANA PRED DOMAĆIM SUDOVIMA
SPECIFICS OF CIVIL PROCEEDINGS INVOLVING A FOREIGN ELEMENT AND THE PROCEDURAL STATUS OF FOREIGN NATIONALS TO THE DOMESTIC COURTS

Summary/Abstract: The subject of this paper is the special legal regime applicable in civil proceedings involving a foreign element, limited exclusively to natural persons holding foreign nationality when participating in such proceedings. The aim of the paper is to highlight the need to actualize the issue of unification of national procedural laws in these cases, in order to reduce legal uncertainty, improve procedural efficiency, and reduce their costs. The research conducted through the application of comparative legal, doctrinal, and historical methods has pointed to potential reasons underlying the current state of affairs. The starting hypothesis, which is confirmed in the conclusion, is that progress in this area is possible, however, it is not sufficient for states to merely share the same legal objectives — it is also necessary for them to share common political, economic, and also social expectations.

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