ODREĐIVANJE MERODAVNOG PRAVA ZA DE FACTO ISTOPOLNE ZAJEDNICE NASTALE U INOSTRANSTVU – ODGOVORI NA NEKA PITANJA IZ PERSPEKTIVE SRPSKOG MEĐUNARODNOG PRIVATNOG PRAVA DE LEGE LATA

Abstract

In the actual Serbian legal system, the same-sex unions are not regulated, but those unions could be concluded in certain legal systems. Bearing that in mind, in the paper the autor pays special attention to determining the applicable law for de facto same-sex unions established abroad, from the perspective of Serbian Private International Law. That task is not simple, taking into account that The Law on Resolution of Conflict of Laws with Regulations of Other Countries (Serbian PIL Act) doesn’t include special conflict-of-law rules for the de facto same-sex union. Thus, the focus of this paper is directed to discovering the appropriate conflict-of-law-rule in Serbian PIL Act in order to determine the applicable law for personal and property effects of de facto same-sex union established abroad, as well as its termination. In my “undertaking” it starts first from the qualification in private international law, but if it is established that it is not possible to find the appropriate conflict-of-law rule by qualification, the legal gaps arise, which should be filled in accordance with Article 2 of Serbian PIL Act (thus, creating a new conflict-of-law rule). The author takes a stand on which way is more adequate for discovering the appropriate conflict-of-law rule for mentioned questions.