NEKOLIKO PITANJA U VEZI S PRIMJENOM MEĐUNARODNIH UGOVORA U MEĐUNARODNOM PRIVATNOM PRAVU REPUBLIKE SRBIJE

Mirko Živković; Sanja Marjanović

doi:10.25234/pv/8045

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

Authors

Mirko Živković Faculty of Law, University of Niš, Trg Kralja Aleksandra 11, 18105 Niš, Republic of Serbia https://orcid.org/0000-0002-5624-9804
Sanja Marjanović Faculty of Law, University of Niš, Trg Kralja Aleksandra 11, 18105 Niš, Republic of Serbia https://orcid.org/0000-0001-7560-8254

DOI:

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

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

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.

Downloads

PDF (Hrvatski)

Published

2019-12-28

Issue

Vol. 35 No. 3-4 (2019)

Section

Articles

License

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

Authors retain the copyright on the papers published in the Journal, but grant the right of first publication to the Journal. Papers accepted for publication or already published in Pravni vjesnik of the Faculty of Law in Osijek may be published by the author(s) in other publications only with proper notice of its previous publication in Pravni vjesnik.