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Original scientific paper

https://doi.org/10.25234/pv/8045

SOME QUESTIONS REGARDING THE APPLICATION OF INTERNATIONAL AGREEMENTS IN THE INTERNATIONAL PRIVATE LAW OF THE REPUBLIC OF SERBIA

Mirko Živković ; Faculty of Law, University of Niš, Kralja Aleksandra Square 11, 18105 Niš, Republic of Serbia
Sanja Marjanović ; Faculty of Law, University of Niš, Kralja Aleksandra Square 11, 18105 Niš, Republic of Serbia


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Abstract

In this paper, the authors point out important practical issues arising in the application of international treaties in Private International Law, such as the complex situations that may arise in connection with the entry into force of the treaty, the succession of international treaties, the hierarchy of international treaties, and an analysis of the common rule on the primacy of bilateral treaties. Besides, the need for reviewing existing bilateral treaties Law has been discussed as well, bearing in mind more efficient solutions envisaged in the conventions of the Hague Conference on Private International Law. Finally, the paper also indicates the specific cases where the innovated solutions of the new PIL Act of the Republic of Croatia and the Draft PIL Act of the Republic of Serbia are considerably more favorable than the binding multilateral agreement on determining the content of foreign law.

Keywords

entry into force of international treaty; application of international treaty; hierarchy of international treaties; ratification of international treaties; European Convention on Information on Foreign Law

Hrčak ID:

231520

URI

https://hrcak.srce.hr/231520

Publication date:

31.12.2019.

Article data in other languages: croatian

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