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DETERMINATION OF CIVIL FOREIGN ELEMENT IN NON-CONTRACTUAL DAMAGES

Summary/Abstract: The subject of the paper is legally and properly deal with cases with a foreign element in non-contractual damages. Past practice is not based on the proper application of private international law, which often leads to illegal decisions. The courts are not used correctly all the criteria for determining the existence of a foreign element, which results in determining that there is no foreign element though although there. Also are not rare cases where they will not examine whether there is a foreign element, already applicable laws of Bosnia and Herzegovina. Wrong treatment may be prescribed and the decision of the Constitutional Court Bosnia and Herzegovina, No. AP 428/04 of 23.03.2005. the year in which it did not examine all the criteria for the existence of a foreign element, respectively neglected the criteria of subject and object of the damages. In practice there are and misinterpretations of this decision. Because of this, the paper indicates that the criteria are legally relevant in determining the existence of a foreign element. How would court correctly applied the substantive law, should determine which laws is applicable, after having established that there is a foreign element. In these cases, the courts should take into account the rules for determining the international jurisdiction of the court Bosnia and Herzegovina, as well as treatment after the court established did not that international jurisdiction.

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