RENVOI — УЗВРАЋАЊЕ И ПРЕУПУЋИВАЊЕ — У ЈУГОСЛОВЕНСКОМ ЗАКОНОДАВСТВУ
RENVOI IN YUGOSLAV LEGISLATION
Author(s): Srđan StojanovićSubject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Београду
Summary/Abstract: The author treats in detail the question of the institute of renvoi in Yugoslav private international law, while beginning with the provision on renvoi in the Law on Settling Conflict Between Laws and Legislation of Other States in Specific Relations, of 1982 (article 6), and with the solution contained in the Law on Sea and Inland Waters Navigation. After elaborating all relevant legislation on the ground of historical, grammatical, systematic, as well as teleological interpretation, the author comes to the conclusion that the institute of renvoi is accepted in Yugoslaw law, both in terms of further forwarding, namely, sending the matter further to the law of third countries, and in terms of returning. In relation to that, the author emphasizes the need that in case of further forwarding one should accept the attitude of those states in relation to renvoi except if this would cause returning to Yugoslav law. In addition, the author particularly elaborates the issue of accepting the renvoi in the sphere of contractual obligation relations, while proving that renvoi is accepted also in this sphere entirely.
Journal: Анали Правног факултета у Београду
- Issue Year: 34/1986
- Issue No: 5
- Page Range: 455-469
- Page Count: 15
- Language: Serbian