НАДЛЕЖНОСТ LEX FORI У МЕЂУНАРОДНОМ ПРИВАТНОМ ПРАВУ СРБИЈЕ DE LEGE LATA И DE LEGE FERENDA
Lex Fori Jurisdiction in the Serbian Private International Law: De lege lata and de lege ferenda

Summary/Abstract: In this article, the author considers one of the significant issues in Private International Law pertaining to the scope and boundaries of national law in regulating the subject matter of this legal discipline. The author has pointed out to the current legal solutions in this area and endeavoured to provide answers and suggestions on how this problem should be solved in the prospective codification. In that context, the author has provided a comprehensive analysis of all segments of Private International Law, building his conclusions on the use of the comparative law method and experiences of other countries. Yet, taking into consideration the assumed obligation to harmonize our national legislation with the EU law, the author is profoundly aware that the process of introducing a new national system in this area does not depend entirely on our current assessment on what might be in our best interest. The author provides valuable remarks and proposes the adoption of some more contemporary solutions which significantly depart from the common understanding of the domain of applicability of national legislation in regulating legal relations in this area of law. In due course, the author explicitly supports the standpoint that the role and the application of lex fori should be reduced to a reasonable measure and, consequently, the participants in legal transactions should be given more initiative not only in terms of determining the court jurisdiction but also in terms of determining the applicable law in this legal area.

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