REVIEW OF CERTAIN ISSUES IN SERBIAN PRIVATE INTERNATIONAL LAW Cover Image

ОСВРТ НА НЕКА ПИТАЊА СРПСКОГ МЕЂУНАРОДНОГ ПРИВАТНОГ ПРАВА
REVIEW OF CERTAIN ISSUES IN SERBIAN PRIVATE INTERNATIONAL LAW

Author(s): Mirko Živković
Subject(s): Law, Constitution, Jurisprudence, International Law
Published by: Правни факултет Универзитета у Нишу
Keywords: non-unified legal system; content of foreign law; law applicable to divorce; presupposed formal reciprocity; rights of aliens; reciprocal jurisdiction

Summary/Abstract: The Act concerning the Resolution of Conflict of Laws with the provisions of other states (1982/3) has been in force in the Republic of Serbia for almost four decades. Two Commentaries have been written about this Act and the legal solutions contained therein, as well as a large number of monographs and scientific articles. Case law is also available in electronic databases. Although it seems that everything has been said about it and that all dilemmas related to its application have been eliminated, there is always room for casting a new light on particular institutes, reviewing Private International Law literature and case law, and rethinking the well-established conceptions and interpretations. In this paper, the author reviews certain PIL issues which are considered to have been resolved. The discussion tackles specific narrow topics pertaining to non-unified legal systems, the procedure for establishing the content of foreign law, the issue of law applicable to divorce, the problem of reciprocity regarding the aliens’ right to inherit, and the procedural institute of reciprocal jurisdiction. The proposed solutions are not intended to be the final ones. On the contrary, they are intended to contribute to the future codification of Serbian PIL, which would align it with the prominent national PIL systems in the comparative Private International Law.

  • Issue Year: 2020
  • Issue No: 86
  • Page Range: 59-74
  • Page Count: 16
  • Language: Serbian