Uticaj prava Evropske unije na novo međunarodno privatno pravo Crne Gore sa posebnim osvrtom na oblast mjerodavnog prava
The Impact of EU Law on the New Private International Law of Montenegro with Special Regard to Applicable Law

Summary/Abstract: Commitment to perform unification of the relevant EU law by adopting regulations in a significant number of areas of private international law entitles opinions of Europeanisation of private international law. The impact of this important legislative action at EU level was not without repercussions in the countries candidates for EU membership, a characteristic example being Montenegro and its draft law on Private International Law. Given the dynamics of integration processes and the fact that it might take many years for Montenegro to achieve full EU membership, the new codification of private international law of Montenegro took a differentiated approach to the EU legislation. Thus, in every case regard is head of the EU legislation, but at this very moment only those enactments which are considered to be of ultimate national interest are subject of reception and adjustment in order to become part of a national law. Thus, the reception has been made of the Rome I and the Rome II Regulations provisions (for contractual and non-contractual obligations), with necessary adjustments, as well as the provisions of the Hague Protocol on the law applicable to maintenance obligations. In the area of the law of inheritance, the starting point was the Regulation on inheritance. Unlike the above, in terms of rules determining the applicable law relating to the other fields account is taken of the new developments in the European Union and internationally, but primarily on national interests and needs of the national legal tradition and legal certainty. Three important concepts, deeply rooted in European Union law are underlying principles of the new codification of Private International Law of Montenegro: the overriding mandatory provisions, the concept of habitual residence, and a significant expansion in scope of conflicts of law autonomy.

• Details
• Contents