ИЗВОЂЕЊЕ ДОКАЗА У ИНОСТРАНСТВУ У ГРАЂАНСКИМ И ТРГОВИНСКИМ СТВАРИМА
TAKING OF EVIDENCE ABROAD IN CIVIL AND COMMERCIAL MATTERS

The influence of international and regional documents on Serbian legislation

Summary/Abstract: In order to bring a lawful and fair decision, the competent court has to make a proper assessment of all the collected facts and evidence. Therefore, the process of fact-finding and the assessment of evidence are the essence of the civil procedure. In case legally relevant facts are based on evidence that has to be taken abroad, court cooperation in taking evidence is crucial for successful completion of litigation proceedings. Generally, civil procedure is still resistant to the globalization influences, as it is largely regulated by national legislations. Nevertheless, in order to strengthen court cooperation in the area of civil procedure, the international community brought some important documents. In addition to the Hague Convention on the taking of evidence abroad in civil or commercial matters (1970), the European Union adopted a very significant Council Regulation (EC) 1206/2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters. Given the fact that Serbia has ratified this Hague Convention and aims to harmonize the national legislation with EU legislation in the ongoing EU accession process, it is necessary to analyze the impact of these strategically important international and regional documents on shaping the legal framework in Serbian civil procedure, and to discuss the problems in legal practice arising thereof.

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