Full text of the paper:
Proceedings of the Faculty of Law, Novi Sad
2024, vol. LVIII, no. 4, p. 925-955
working language: Serbian
Review paper
341.9(094.2)
doi:10.5937/zrpfns58-54147
Author:
Marko Jovanović
University of Belgrade
Faculty of Law in Belgrade
marko.jovanovic@ius.bg.ac.rs
ORCID ID: 0009-0001-0516-6478
Sanja Marjanović
University of Niš
Faculty of Law in Niš
sanja@prafak.ni.ac.rs
ORCID ID: 0000-0001-7560-8254
Summary:
A little over a year ago, the Convention on the Recognition and Enforcement of Foreign Court Decisions in Civil or Commercial Matters entered into force, concluded in 2019 under the auspices of the Hague Conference on Private International Law. Bearing in mind the history of its creation, the quality of the solutions, as well as the ambitions of its loudest proponents, it can be expected that this Convention will become a very important source of international private law in the future. In light of the potential consideration of the need for Serbia to accede to this Convention, it is useful to compare in detail the regimes of recognition of foreign court decisions prescribed by the domestic Law on the Resolution of Conflicts of Law on the one hand and the Convention on the other. Analyzes show that, despite certain differences (primarily in terms of so-called jurisdictional filters, a special solution for the recognition of decisions on compensation for damages and the problem of recognition of a decision in a case in which proceedings before the court of the country of recognition are still ongoing), which are primarily a consequence of the difference in the nature of the two sources of law and the moments in which they were made, there are actually no essential differences between those systems. Moreover, the Convention contains a very rich and sophisticated system of restrictions on the application of certain parts of it, which can potentially ease the dilemmas that arise when considering the need for accession for interested countries, including Serbia.
Keywords:
international private law, recognition of foreign court decisions, Law on resolving conflicts of law with regulations of other countries, The Hague Conference on International Private Law.