Qualification of collision rule
The qualification in Private International Law is the specific interpretation of the collision rule and from this depends the definition of the applicable law. The Serbian Act on resolving conflicts of laws with the regulations of other countries defines the qualification on the way who requests the...
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| Format: | Article |
| Language: | English |
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Institute of Comparative Law, Belgrade
2018-01-01
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| Series: | Strani pravni život |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2018/0039-21381803005C.pdf |
| Summary: | The qualification in Private International Law is the specific interpretation of the collision rule and from this depends the definition of the applicable law. The Serbian Act on resolving conflicts of laws with the regulations of other countries defines the qualification on the way who requests the additional explanation. The acceptable attitude is that the abovementioned rule of that Act defines the gradual qualification. That qualification is the combination of the qualification by the lex fori and by the lex causae. Some comparative legislations regulate this problem better than the abovementioned Act in our country and defines the qualification by lex fori or gradual qualification. In consideration of the impossibility of the definition the qualification by the autonomous notions or some other qualification, we must accept the gradual qualification. The Draft of the new Act on Private International Law defines qualification by lex fori and functional qualification, if the first one cannot be applied. The paper criticizes the functional qualification and suggests that, in a clearer and unambiguous way, defines a gradual qualification. |
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| ISSN: | 0039-2138 2620-1127 |