DECISIONS IN THE FIELD OF INTERNATIONAL PRIVATE LAW IN THE PRACTICE OF THE NOVI SAD COURT OF CASSATION BETWEEN TWO WORLD WARS Cover Image

ОДЛУКЕ У ОБЛАСТИ МЕÐУНАРОДНОГ ПРИВАТНОГ ПРАВА У ПРАКСИ КАСАЦИОНОГ СУДА У НОВОМ САДУ ИЗМЕЂУ ДВА СВЕТСКА РАТА
DECISIONS IN THE FIELD OF INTERNATIONAL PRIVATE LAW IN THE PRACTICE OF THE NOVI SAD COURT OF CASSATION BETWEEN TWO WORLD WARS

Author(s): Petar Đundić
Subject(s): Geography, Regional studies, History of Law, Civil Law, International Law, Interwar Period (1920 - 1939)
Published by: Матица српска
Keywords: Court of Cassation; Vojvodina; judicial practice; international private law; conflict of laws; international jurisdiction;

Summary/Abstract: This article analyzes decisions in the field of International Private Law of the Novi Sad Court of Cassation, the highest court in Vojvodina during the period between two world wars. Decisions of the Court concerned with the conflict of laws issues were extremely rare during this period. Available case law contains literary one decision dealing with the choice of law problems in cross-border disputes. On the other hand, internal conflicts of laws were much more common as a result of the fact that The Kingdom of Serbs, Croats and Slovenes (from 1929 onwards — The Kingdom of Yugoslavia) was the country with seven different systems of civil law in force in its territory. Choice of law rules were scant and underdeveloped. Case law of the Court is somewhat more developed when it comes to decisions concerned with international jurisdiction of the courts, recognition and enforcement of foreign decisions and issues of international civil procedure. However, one should bear in mind that many of the disputes with cross-border implications originated not from the will of the parties, but rather as a result of the change of sovereignty over the territory of Vojvodina after World War I.

  • Issue Year: 2008
  • Issue No: 125
  • Page Range: 121-130
  • Page Count: 10
  • Language: Serbian