PRIVATE INTERNATIONAL LAW REGIME OF INTER VIVOS CONTRACTS WHOSE EFFECTS ARE POSTPONED TO THE DEATH OF THE CONTRACTING PARTY DISPOSING OF THE PROPERTY: DE LEGE LATA AND DE LEGE FERENDA
PRIVATE INTERNATIONAL LAW REGIME OF INTER VIVOS CONTRACTS WHOSE EFFECTS ARE POSTPONED TO THE DEATH OF THE CONTRACTING PARTY DISPOSING OF THE PROPERTY: DE LEGE LATA AND DE LEGE FERENDA
Author(s): Slavko ĐorđevićSubject(s): Civil Law, International Law
Published by: Удружење за европско право - Центар за право Европске уније
Keywords: inter vivos contracts whose effects are postponed to the death of a contracting party; qualification problem in private international law; conflict rules for succession; conflict rules for contracts;
Summary/Abstract: In this paper the author analyses the conflict of law regime for inter vivos contracts whose effects are postponed to the death of a contracting party disposing of the property in Serbian private international law de lege lata and de lege ferenda. Starting from the facts that the effects of these contracts are relevant for succession law and that Serbian private international law does not contain special conflict rules for them, the paper focuses on the problem of their qualification (characterisation) in Serbian private international law. On the other hand, Serbian Draft of Private International Law Act of 2014 introduces the special conflict rules for these contracts which are analysed in this paper too.
Journal: Revija za evropsko pravo
- Issue Year: 17/2015
- Issue No: 2-3
- Page Range: 39-67
- Page Count: 29
- Language: English