SPORAZUMNI IZBOR MERODAVNOG PRAVA ZA BRAČNO- IMOVINSKI REŽIM U MEĐUNARODNOM PRIVATNOM PRAVU EU I REPUBLIKE SRBIJE

Abstract

In this paper the parties’ consensual choice of applicable law for matrimonial property regime is analyzed, in accordance with the EU private international law and Serbian private international law. Within the EU, in 2016 the Regulation 1103/2016 was adopted on the implementation of enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in the matters of matrimonial property regimes. This Regulation, among other provisions, includes the option for spouses to (consensually) choose the applicable law for their matrimonial property regime, regardless of the nature or location of the property. Prior to the mentioned Regulation, there was the Proposal for a Council Regulation (from 2011) in the same area, but it was not unanimously adopted. Furthermore, the author makes a review of the provisions of Serbian private international law, on the so-called derived party autonomy of the spouses for matrimonial property contract, from The Law on Resolution of Conflict of Laws with Regulations of Other Countries (Zakon o rešavanju sukoba zakona sa propisima drugih zemalja, henceforth ZRSZ). Finally, the Draft of Private International Law Act of Republic of Serbia is finished in 2014 in Serbia, so the author indicates its provisions as well, on the choice (of spouses) of applicable law for the matrimonial property regime.