ПРИЗНАЊЕ СТРАНИХ СУДСКИХ ОДЛУКА КАО ПРЕЈУДИЦИЈЕЛНО ПИТАЊЕ У ИЗВРШНОМ ПОСТУПКУ (члан 25 Закона о извршном поступку)
THE RECOGNITION OF FOREIGN COURT JUDGMENTS AS PRELIMINARY ISSUE IN ENFORCEMENT PROCEEDINGS (Art. 25 of the Statute of Enforcement Proceedings)

Summary/Abstract: The possibility for the court in charge for carrying out the enforcement proceedings decides on recognition of the foreign enforceable judgment as a preliminary issue is an important novelty in Serbian law. Although the similar option was provided for in the Statute on Private International Law (Art. 105(5)), from various reasons it was scarcely used in practice. By analyzing the Statute on Private International Law's provisions pertaining to the regular recognition proceedings and the new solutions adopted by the Statute of Enforcement Proceedings the author aims at pointing out the differences with respect to these proceedings as well as the advantages of application of the Statute of Enforcement Proceedings' provision. Likewise, by presenting the judicature research results, tries to determine the incidence of the practical application of this provision, since at the time of Statute of Enforcement Proceedings' enactment it was projected that this form of recognition would be most commonly used.

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