Incidental Question In International Family Law Cover Image

Prethodno pitanje u međunarodnom porodičnom pravu
Incidental Question In International Family Law

Author(s): Biljana Vukoslavčević
Subject(s): International Law, Family and social welfare
Published by: Institut za uporedno pravo
Keywords: incidental question; international private law; international family law;

Summary/Abstract: Incidental question does not occur only in International Private Law, but it produces some specific effects in this branch of law. This is particularly reflected on determining the applicable law where we face the dilemma how to resolve the legal situation on which the resolution of main issue depends. Will the solution be in the application of conflict of law rules of that law which is applicable for the main issue or the application of national conflict of law rules? The issue is very important because the substantive result in cocncreto depends on its settlement. Family relations with a foreign element are very rich source for the emergence of the incidental questions, so we’ll see below how this problem occurs and what is the best model for its resolution.

  • Issue Year: 2013
  • Issue No: 1
  • Page Range: 184-197
  • Page Count: 14
  • Language: Serbian