Autonomija volje kao tačka vezivanja za ugovore sa stranim elementom u pravu Crne Gore
Party Autonomy as a Connecting Factor in the Field of Contracts With Foreign Element in the Law of Montenegro

Author(s): Maja Kostić-Mandić
Subject(s): Civil Law, International Law
Published by: Institut za uporedno pravo
Keywords: Contracts; Connecting factor; Party autonomy; PIL Code; Rome I Regulation; Draft codification; Private International Law
Summary/Abstract: This paper addresses the existing legal provisions on party autonomy as a connecting factor in the field of contracts with foreign element, as well as the latest developments in the course of the work on the new Private International Law codification of Montenegro. The most prominent legal sources in this field remain the Law on Resolution of Conflict of Laws with Regulations of Other Countries, the Law on Maritime and Inland Navigation and the Law on Obligations and Basic Ownership Relations in Aerial Navigation, while the newly adopted Law on Foreign Trade and the Law on Consumer Protection which contain provisions on conflictual party autonomy in the respective fields will have to be amended in the near future. The new 2010 Draft codification of Private International Law incorporates some of the basic provisions of the Rome I Regulation, contained in its Chapter II. Thus, the party autonomy remains the basic connecting factor in this field though now it is more elaborate following the Rome I Regulation provisions. However, party autonomy remains excluded in the field of contract relating to a right in rem in immovable property or to a tenancy of immovable property, except for tenancy of immovable property concluded for temporary private use for a period of no more than six consecutive months. The party autonomy is also the basic principle, but with some particular features in: contracts of carriage, consumer contracts, insurance contracts and individual employment contracts.

• Details
• Contents