Application of Norms in Case of Legal Gaps in Private International Law Cover Image

Примена норми у случају правне празнине у међународном приватном праву
Application of Norms in Case of Legal Gaps in Private International Law

Author(s): Vladimir Čolović
Subject(s): Law, Constitution, Jurisprudence, International Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Private International Law; Legal gap; Foreign element; Collision rule; Qualification
Summary/Abstract: In Private International Law, legal gaps represent a special problem that can lead to situations where it is impossible to resolve a case with a foreign element, i.e., it is impossible to determine the jurisdiction of a court or other authority. Three category of regulations fall under the preview of private international law: international ones, further subdivided into multilateral and bilateral, and internal. The latter category includes predominantly the legal acts itself. If there is no regulation that addresses a specific case, a legal gap will emerge. The Republic of Serbia's Act on Resolving Conflict of Laws with the Regulations of Other Countries includes a clause that addresses legal gaps by applying the Act's provisions and principles, the home country's legal order's principles, and finally, the principles of private international law. In the paper, the author pays attention to the way this matter is regulated in the above mentioned legal act, but also to the problem of the legal gap in the qualification of the collision rule and in the deviation clause. Additionally, the author examines specific solutions found in comparative law. The author concludes that it is crucial to approach the problem of filling the legal gap in private international law with utmost care, considering the impact such solutions can have on other countries.

  • Page Range: 284-302
  • Page Count: 19
  • Publication Year: 2024
  • Language: Serbian
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