Odstupanja od redovne primene kolizionih normi („korekcije“ kolizionih normi) – potreba za drugačijim stavom
Deviation of the Regular Application of the Choice of Law Rules („Correction“ of the Choice of Law Rules) – Need for Different Attitude

Summary/Abstract: The application of the choice of law rules depends on the consequences that it produces, as well as ways of applying these rules. Namely, there are situations when it is impossible to apply general rules about the choice of law rules. These are the situations related to the injury of domestic public order by applicable law, then the perception on the implementation of applicable law, as well as the fraud treatment in applying these norms. Of course, also, we have the problem with implementation of the choice of law rules in the changed circumstances. In all these situations it is a deviation from the regular application of the choice of law rules. Some authors classify the deviation in the institute “correcting of the choice of law rules” with which we could not agree, because it is different consequences of deviation, as well as the fact that only in one case we have the correcting of the choice of law rules. The application of the choice of law rules in such situations is very complex and that defines, also, the Act of Private International Law, whose provisions, relating to the above discrepancies, mostly on vague or incomplete way of regulating this matter. This paper analyzes the point of the theory and national legislation in this topic. In addition, the paper gives suggestions for future regulation of this area, which should contribute to the different attitude towards the implementation and the status of the choice of law rules in these cases.

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