Надлежност за спорове о издржавању у међународном приватном праву Србије de lege lata
International Jurisdiction in Maintenance Disputes in the Private International Law of the Republic of Serbia

Summary/Abstract: Although analyzing the rules of jurisdiction in the matter of maintenance obligations may, at first sight, seem like “mapping the jurisdiction minefield” (Tyzack, 2012), the modification of the 1982 PIL Code rules is necessary. On the one hand, it would provide for a better correlation with the Hague Protocol on the Law Applicable to Maintenance Obligations; on the other hand, Serbian courts would have jurisdiction in a larger number of cases. Moreover, de lege ferenda, the control of indirect jurisdiction should not be a significant obstacle either for the recognition of foreign judgments (under the Draft PIL Code) or for the recognition of domestic judgments (after the ratification of the 2007 Hague Convention). Hence, a further development of the maintenance obligations system in new Serbian PIL is aimed at completing the Draft PIL Code and the Hague Conference on Private International Law. Therefore, it is realistic to assume that the Serbian Private International Law in the matter of maintenance obligations will be harmonized in the nearest future with the latest developments on the international scene.

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