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Collected Papers of the Faculty of Law, University of Novi Sad

2018, vol. LII, No. 2, pp. 639-650

Language of the paper: Serbian

Original scientific paper

udk: 347.73:336.71

doi: 10.5937/zrpfns52-17670

Authors:

 

Marko Dimitrijević, Ph.D., Assistant Professor

University of Niš

Faculty of Law Niš

markod1985@prafak.ni.ac.rs

 

Srđan Golubović, Ph.D., Full Professor

University of Niš

Faculty of Law Niš

golub@prafak.ni.ac.rs

Abstract:

The subject of analysis in this paper is to review the possibilities of application and the importance of alternative mechanisms in the resolving of international monetary disputes. In this regard, the focus is on issues related to the legal definition of money, the postulates of the state (institutional) and the social theory of money in monetary law and the perception of the important features of monetary disputes. In further text, attention is paid to the comparison of cost and benefits of judicial and arbitration settlement of monetary disputes in the European Monetary Union (in the cases related with the competence of the European Central Bank), where a general conclusion points to the need of creating the prerequisites for application of the alternatives ways for resolving monetary disputes, that are managed in the function of preservation monetary and general economic stability of the EMU member states.

Keywords:

monetary dispute, monetary law, monetary jurisdiction, alternative mecahnism, IMF, European Central Bank.