О ПРИМЕНИ ХАШКОГ ПРОТОКОЛА О МЕРОДАВНОМ ПРАВУ ЗА ОБАВЕЗЕ ИЗДРЖАВАЊА У МЕЂУНАРОДНОМ ПРИВАТНОМ ПРАВУ РЕПУБЛИКЕ СРБИЈЕ
On the Application of the Hague Protocol on the Law Applicable to Maintenance Obligations in Private International Law of the Republic of Serbia

Summary/Abstract: This article deals with the Hague Protocol on the Law Applicable to MaintenanceObligations (2007), which is a new source of Private International Law (PIL) ofthe Republic of Serbia. The Republic of Serbia ratified this Protocol in early 2013and it entered into force on 1st August 2013. The recognition of this internationalinstrument has broughtsignificant changesin the Serbian PIL in the field of conflictof laws, particularly in terms of the conflict rules governing the subject matter ofmaintenance. Thus, the conflict rules contained in the 1982 Act on Resolving theConflict of Laws with other Countries have been repealed; some provisions of theexisting bilateral contracts which are binding for the Republic of Serbia have alsobeen voided.In this article, the author analyses the legal solutions envisaged in the Hague Protocolon the Law Applicable to Maintenance Obligations, pointing to their specificfeatures and dilemmas which may arise in practice. The basic idea underlying thisarticle isto make the legal practitioners more familiar with the Protocol provisionsand their prospective implementation. It is important because the envisaged legalsolutions are substantially different from the earlier solutions; upon a detailedcomparison of some former and new solutions, legal practitioners who encounterthese rules for the first time may find them complicated to apply. The author alsoemphasizes the importance of the fact that, as soon as the Protocol entered intoforce, Serbia has unified its conflict rules in the matter of maintenance obligationswith the respective conflict rules in (almost all) EU Member States.

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