О УСКЛАЂЕНОСТИ ДОМАЋЕГ МЕЂУНАРОДНОГ ПРИВАТНОГ ПРАВА У МАТЕРИЈИ МЕРОДАВНОГ ПРАВА ЗА НАСЛЕДНЕ ОДНОСЕ
ON COMPLIANCE OF INTERNAL PRIVATE INTERNATIONAL LAW WITH THE COMMUNITARIAN LAW TENDENCIES ON THE APPLICABLE LAW IN SUCCESSION ISSUES

Summary/Abstract: With respect to the huge migration of people and the significance of the international turnover of goods and money, (determining the applicable law in succession relations is one of the most complex areas of Private International Law. The complexity of this matter is apparent in the fact that, different states have different ways of regulating the conflict of laws and the conflict of jurisdictions, relying on the principles of universal succession' or scission of succession estate. The European Union, as the most significant European regional organization, has exerted considerable efforts to overcome the above mentioned problems. In order to provide for the implementation of the fundamental principles of the European Union (the free market, the freedom of movement, the free flow of goods and capital), it is necessary to adopt unified collision norms in the field of intestate and testate succession, as it is unrealistic to expect full harmonization of substantive laws of all EU member states. The first attempts to come to a uniform solution to the conflict of laws and jurisdictions are related to the work of the European Commission. On 1st March 2005, the Commission issued the Green Paper "Succession and Wills", which contains 39 questions related to the conflict of laws and the conflict of jurisdictions in succession matters. The basic idea of this document was to consolidate the standpoints of the EU member states by consulting different interested organizations, and to adopt uniform collision norms on succession matters, no matter if there was an intra-community element involved or an international element related to a non- member-state. This tendency also applies in all other issues related to succession relations but are not regulated by lex successions. The questions the European Commission has raised by issuing the Green Paper may prove practicable for our legislation as well, all the more so because they are concurrently the result of an pursuit to modernize the connecting factor and collision norms for resolving the conflict of laws and conflict of jurisdictions in succession matters. Namely, the Act on Resolving Conflict of Laws with the Legal Provisions of Other Countries entered into force in the former SFRY in 1983; in the meantime, there were new tendencies in the development of Private International Law which were given a normative framework in contemporary codifications. In that respect, we should single out the Belgium Act on Private International Law of 16th July 2004.

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