Примена lex nationalis као тачке везивања у брачним односима са елементом иностраности
Application of the Lex Nationalis as the Rule of Determining the Applicable Law in the Marital Relationships With a Foreign Element

Summary/Abstract: In the marital relationships with a foreign element, the citizenship is applied as the primary point of attachment, as in any status relations. But, this leads to the problems in situations where spouses have different citizenships. Therefore, the legislator defines the secondary points of attachments, which are applied when the citizenship does not lead to the result. In the paper, the author analyzes the rules of the domestic legislation that apply to the marriage, a form of marriage, nullity of marriage, divorce, effects of marriage, and cohabitation and concludes that the citizenship, as a rule for determining the applicable law, must be applied with the application of other points of attachment, and with greater freedom of spouses in the choice of law. In this paper, the author also represents the most important notions of the citizenship, as well as some solutions in the comparative legislations. The paper presents the proposals for changes of the domestic legislation in this field.

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