Filling Legal Gaps in North Macedonian Private International Law
Filling Legal Gaps in North Macedonian Private International Law

Author(s): Mirjana Ristovska
Subject(s): Law, Constitution, Jurisprudence, International Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Legal gaps; Private international law; Legal category; Classification;
Summary/Abstract: Legal gaps present intriguing topics for legal theorists, including situations where the legislator has failed to prescribe regulations for specific legal relationships. These gaps can be categorized as axiological, normative, or technical in nature. Within the private international law, the potential for legal gaps arises when a particular legal relationship, legal institution, or legal issue cannot be subsumed under an existing legal category, as an integral part of a certain conflict norm. Consequently, these legal gaps pose a distinct challenge to judges, who are tasked with rectifying the gaps in individual cases. This paper will primarily conduct a normative analysis of the provisions governing the resolution of legal gaps in private international law within the Republic of Slovenia, the Republic of Croatia, the Republic of Montenegro, and the Republic of North Macedonia. The primary focus will be on the North Macedonian legislation and its application in the judiciary.The objectives of this paper are twofold: firstly, to provide a comparative examination оf the legal provisions found in the private international law acts of the aforementioned states, and secondly, to identify the methodologies prescribed by positive law for filling the legal gaps.

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