Encyclopedia of Private International Law
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Encyclopedia of Private International Law

Edited by Jürgen Basedow, Giesela Rühl, Franco Ferrari and Pedro de Miguel Asensio

The role and character of Private International Law has changed tremendously over the past decades. With the steady increase of global and regional inter-connectedness the practical significance of the discipline has grown. Equally, so has the number of legislative activities on the national, international and, most importantly, the European level. With a world-class editor team, 500 content items and authorship from almost 200 of the world’s foremost scholars, the Encyclopedia of Private International Law is the definitive reference work in the field. 57 different countries are represented by authors who shed light on the current state of Private International Law around the globe, providing unique insights into the discipline and how it is affected by globalization and increased regional integration. The Encyclopedia consists of three inter-linked pillars, enhanced by sophisticated search and cross-linking functionality. The first pillar consists of A-Z coverage of the scope and substance of Private International Law in the form of 247 entries. The second pillar comprises detailed overviews of the Private International Law regimes of 80 countries. The third pillar presents valuable, and often unique, English language translations of the national codifications and Private International Law provisions of those countries. This invaluable combination represents a powerful research tool and an indispensable reference resource.
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Macedonia

Private International Law Act1

Official Gazette of the Republic of Macedonia no 87/2007 and 156/2010

Chapter one Basic Provisions

Scope of Application Article 1

  • This Act contains the rules on determination of the law applicable to status of persons, family, labour, pecuniary and other civil relations having an international element.

  • This Act also contains the rules on jurisdiction of courts and other authorities of the Republic of Macedonia dealing with relations from paragraph 1 of this Article, rules of procedure, and rules on the recognition and enforcement of foreign judgments, as well as decisions issued by other authorities of foreign states.

Article 2

The provisions of this Act shall not apply to relations determined in Article 1, Paragraph (1) of this Act, if they are governed by another act or by an international treaty.

Exception Clause Article 3

  • The law referred to in the provisions of this Act will exceptionally not apply whenever it is evident from all circumstances of the case that the relation has no significant connection with that law but is manifestly more closely connected with some other law.

  • This provision will not apply where the parties have chosen the applicable law.

Filling of gaps Article 4

If this Act contains no provision on the applicable law for any of the relations determined in Article 1 Paragraph (1) of this Act, then the provisions and the principles of this Act, the principles of the legal system of the Republic of Macedonia, and the principles of the private international law will apply as appropriate.

Public policy Article 5

The law of a foreign state determined as applicable will not apply, if the effects of its application would be contrary to the public policy of the Republic of Macedonia.p. 3506

Renvoi Article 6

  • If this Act determines the law of a foreign state as applicable, regard will be had to its rules determining the applicable law.

  • If the rules of a foreign state determining the applicable law refer back to the law of the Republic of Macedonia, the law of the Republic of Macedonia will apply, without having regard to the rules on determining the applicable law.

  • The provisions of paragraph (1) and paragraph (2) of this Article will not apply where the parties have the right to choose the applicable law.

Formal validity of legal acts Article 7

Unless provided otherwise by this Act or by another Act, a legal transaction and a legal act will be valid with respect to form if they are valid either under the law of the place where the legal transaction was effected or the legal act performed, or under the law applicable to the subject-matter of the legal transaction or the legal act.

Statute of limitations Article 8

The statute of limitations will be governed by the law applicable to the subject-matter of the legal transaction or the legal act.

Application of the foreign law Article 9

The law of a foreign state is to be applied in accordance with the notions that it contains.

States having a non-unified legal system Article 10

  • Where the applicable law is the law of a state having a non-unified legal system and the rules of this Act do not refer to a particular legal area in that state, the law to be applied will be determined by the conflict rules of that state.

  • If the method laid down in paragraph (1) of this Article cannot determine the particular legal area within the state having a non-unified legal system, the law of the legal area within that state that has the closest connection with the relation will be applied.

Persons with multiple nationalities Article 11

  • If a national of the Republic of Macedonia is also a national of another state, for the purposes of the application of this Act that person will be regarded as being solely a national of the Republic of Macedonia.

  • If a person who is not a national of the Republic of Macedonia has two or more foreign nationalities, for the purposes of the application of this Act, that person will be regarded as having the nationality of that state of which he is a national and has domicile.

  • If a person in paragraph (2) of this Article lacks domicile in any of the states of which he/she is a national, for the purposed of the application of this Act that person will be regarded as having a nationality of the state of which he/she is a national and is most closely connected.p. 3507

Stateless Persons Article 12

  • If a person has no nationality or the nationality cannot be established, the law of that person’s domicile will apply.

  • If a person in paragraph (1) of this Article has no domicile or the domicile cannot be established, the law of that person’s temporary residence will apply.

  • If even temporary residence of a person in paragraph (1) of this Article cannot be established, the law of the Republic of Macedonia will apply.

Habitual residence Article 12-a

  • For the purposes of this Act, the habitual residence of a natural person is the place where the person has established a permanent centre of his/her activities, and it is not necessary to file any documents associated with registering or obtaining a residence permit from the competent national authorities. In determining the habitual residence, particular regard should be had to the circumstances of a personal or professional nature, arising from permanent connections with the place or intention to form such connections. The natural person is considered to have habitual residence in a certain state, if he/she resides without interruption in the territory of that state for over 6 months.

  • For the purposes of this Act the habitual residence of a natural person acting in the course of his/her business activity is that person’s principal place of business.

  • For the purposes of this Act, the habitual residence of companies and other bodies, corporate or unincorporated, is the place of central administration. Where an event giving rise to damage occurs, or the damage arises in the course of operation of a branch, agency or any other establishment, then the place where the branch, agency or any other establishment is located will be treated as the place of habitual residence.

Determination of the contents of foreign law Article 13

  • The courts or other competent authority will ex officio ascertain the content of the foreign law that is determined as applicable.

  • The authority in paragraph (1) of this Article may request information on the foreign law from the ministry of justice.

  • The parties may in the course of proceedings submit a public document issued by a competent foreign authority or institution on the content of the foreign law.

  • Where the content of a foreign law cannot be established, the law of the Republic of Macedonia will apply.

Mandatory rules Article 14

The rules for determining the applicable law for relations determined in Article 1 do not exclude the application of imperative rules of the Republic of Macedonia, when this or another Act provides that such rules apply irrespective of the rules for determining the applicable law.

Chapter Two Applicable Law

Legal capacity and capacity to contract of natural persons Article 15

  • The legal capacity of a natural person is governed by the law of the state of which the person is a national.

  • p. 3508A natural person who would lack capacity under the law of the state of which he/she is a national, will be considered as having capacity if this would be the case under the law of the place where the obligation arose.

  • Deprivation or limitation of legal capacity of a natural person is governed by the provision in paragraph 1 of this Article.

  • Paragraph 2 of this Article does not apply to family relations and succession.

Legal capacity and capacity to contract of a legal person Article 16

  • The legal status of a legal person is governed by the law of the state of which that legal person has nationality.

  • The nationality of a legal person is governed by the law of the state where the legal person was established.

  • If a legal person has its actual principal place of business in a state other than that where it was established, and if under the law of that other state the legal person has nationality of that other state, then the legal person will be regarded as having nationality of that other state.

Guardianship and provisional protective measures Article 17

  • The appointment of a guardian and the termination of guardianship, as well as relations between the guardian and the person under guardianship are governed by the law of the state of which the person under guardianship is a national.

  • Provisional protective measures against a foreign national or a stateless person present in the Republic of Macedonia will taken under the law of the Republic of Macedonia and will remain in force until the competent state decides upon the matter and takes the necessary measures.

  • Paragraph 2 of this Article also applies in respect of the protection of property of an absent foreign national and of a stateless person present in the territory of the Republic of Macedonia.

Declaration of death of a missing person Article 18

Declaration of death of a missing person is governed by the law of the state of which the person was a national at the time of being declared missed.

Name of a natural person Article 19

Determination and change of the name of a natural person is governed by the law of the state of which the person concerned is a national.

Property rights Article 20

  • Ownership and other rights in rem are governed by the law of the place where the property is located.

  • Relations in paragraph 1 of this Article relating to property in transit are governed by the law of the place of destination.

  • Relations in paragraph 1 of this Article relating to the means of transport are governed by the law of the state of which such means of transport have nationality unless provided otherwise by the laws of the Republic of Macedonia.p. 3509

Contracts – general rule Article 21

  • A contract is governed by the law chosen by the contracting parties, unless provided otherwise by this Act or an international treaty.

  • The parties’ choice may be either express or manifestly indicated by the terms of the contract or other circumstances.

  • By their choice the parties may select the law applicable to the entire contract or only a part.

  • The validity of the contract on the choice of applicable law is subject to the chosen law.

Applicable law for the contract absent choice Article 22

  • If the parties have failed to choose an applicable law, the contract is governed by the law of the state with which it is most closely connected.

  • It will be presumed that the contract is most closely connected with the state where the party who is to effect the characteristic performance of the contract has at the time of conclusion of the contract domicile, or in the case of a legal person its principal place of business, unless special circumstances refer to another law.

  • Notwithstanding the provisions of paragraph (2) of this Article, a contract for the carriage of goods will be presumed to be most closely connected with the state in which at the time the contract is concluded the carrier has domicile, or in the case of a legal person, its principal place of business, provided that in that state is located the place of loading or the place of discharge, or the domicile of the consignor, or in the case of a legal person, its principal place of business.

Contracts relating to immovable property Article 23

Contracts relating to immovable property are governed exclusively by the law of the state where the immovable property is located.

Employment contract Article 24

  • Absent party choice, a contract of employment is governed by the law of the state in which the employee habitually carries out his/her work, even if the employee is temporarily employed in another state.

  • If the employee habitually carries out his/her work in more than one state, the law of the state will apply in which the employer has domicile or its principal place of business.

  • In the agreement on the choice of law the parties may not exclude mandatory rules on the protection of employees’ rights contained in the law of the state in which the employer has domicile, or in the case of a legal person its principal place of business.

Consumer contracts Article 25

  • A consumer contract under this Act denotes a contract on the supply of movable property or rights to the consumer and a contract on performance of services to the consumer.

  • A consumer under this Act shall denotes a natural person acquiring property, rights and services, in particular for personal or household use, or for a purpose which can be regarded as being outside a trade or profession.

  • A consumer contract under this Act does not cover:

    • a contract of carriage; or

    • a contract for the supply of services where the services are to be supplied to the consumer entirely outside the state in which the consumer has domicile.

  • p. 3510Notwithstanding other provisions of this Act, a consumer contract is governed by the law of the state in which the consumer has domicile if:

    • the contract was concluded as a result of an offer or advertisement in that state and if the consumer has performed in that state the acts necessary for conclusion of such contract; or

    • the the consumer’s contracting party or its agent obtained the consumer’s order in that state; or

    • the contract of sale was concluded in another state, or if the consumer placed the order in another state, provided that the travel/journey was organized by the seller with the aim of promoting conclusion of the contract.

  • In cases under paragraph (4) of this Article, the parties may not by an agreement on the choice of law exclude the mandatory rules on the protection of the consumer’s rights contained in the law of the state in which the consumer has domicile.

The scope of the law applicable to the contract Article 26

Unless provided otherwise by the parties, in the relations between contracting parties, the law designated in Articles 21, 22 and 23 of this Act also apply for:

  • determining the time at which the buyer or the acquirer of the movable property becomes entitled to its products and fruits; and

  • determining the time from which the buyer or the forwarder bears the risk with respect to the goods.

Delivery of goods Article 27

Unless agreed otherwise by the parties, the manner of delivery of goods and the steps required in the event of rejection of delivery are governed by the law of the place where delivery is to be effected

Assignment of a claim and assumption of debt Article 28

The effect of the assignment of a claim or the assumption of a debt with respect to the debtor or the creditor who have not been involved in the assignment or assumption, is governed by the law applicable to the claim or the debt.

Accessory transactions Article 29

An accessory transaction is governed by the law applicable to the principal transaction, unless provided otherwise by the contract or by law or by international treaty.

Unilateral legal acts Article 30

A unilateral legal act is governed by the law of the state of the debtor’s domicile if a natural person, or the debtor’s principal place of business if a legal person.

Unjust enrichment Article 31

  • If a non-contractual obligation arising out of unjust enrichment, including payment of amounts wrongly received, concerns a relation existing between the parties, such as one arising p. 3511out of a contract or tort/delict, that is closely connected with that unjust enrichment, the obligation is governed by the law that governs that relation.

  • Where the law applicable cannot be determined on the basis of paragraph 1 and the parties have their habitual residence in the same state when the event giving rise to unjust enrichment occurs, the law of that state will apply.

  • Where the law applicable cannot be determined on the basis of paragraphs 1 or 2, it is the law of the state in which the unjust enrichment took place.

  • Where it is clear from all the circumstances of the case that the non-contractual obligation arising out of unjust enrichment is manifestly more closely connected with a state other than that indicated in paragraphs 1, 2 and 3, the law of that other state will apply.

Agency of necessity (Negotiorum gestio) Article 32

  • If a non-contractual obligation arising out of an act performed without due authority in connection with the affairs of another person concerns a relation existing between the parties, such as one arising out of a contract or tort/delict that is closely connected with that non-contractual obligation, then the obligation is governed by the law that governs that relation.

  • Where the law applicable cannot be determined on the basis of paragraph 1, and the parties have their habitual residence in the same state when the event giving rise to the damage occurs, the law of that state applies.

  • Where the law applicable cannot be determined on the basis of paragraphs 1 or 2, it is the law of the state in which the act was performed.

  • Where it is evident from all the circumstances of the case that the non-contractual obligation arising out of an act performed without due authority in connection with the affairs of another person is manifestly more closely connected with a state other than that indicated in paragraphs 1, 2 and 3, then the law of that other state will apply.

Culpa in contrahendo Article 32-a

  • The law applicable to a non-contractual obligation arising out of dealings prior to the conclusion of a contract, regardless of whether the contract was actually concluded or not, is the law that applies to the contract or the law that would have been applicable it had the contract been entered into.

  • Where the law applicable cannot be determined on the basis of paragraph 1, it will be either:

    • the law of the state in which the damage occurs, irrespective of the state in which the event giving rise to the damage occurred and irrespective of the state or states in which the indirect consequences of that event occurred;

    • where the parties have a common habitual residence in the same state at the time when the event giving rise to the damage occurs, the law of that state; or

    • where it is evident from all the circumstances of the case that the non- contractual obligation arising out of dealings prior to the conclusion of a contract is manifestly more closely connected with a state other than that indicated in points (a) and (b), the law of that other state.

Non-contractual liability for damages – general rule Article 33

  • Unless provided otherwise in this Act, the law applicable to a non-contractual obligation arising out of a damage is the law of the state in which the damage occurs irrespective of the state in which the event giving rise to the damage occurred and irrespective of the state or states in which the indirect consequences of that event occur.

  • However, where the person alleged to be liable and the person sustaining damage both have habitual residence in the same state at the time when the damage occurs, the law of that state will apply.

  • p. 3512Where it is evident from all the circumstances of the case that the delict is manifestly more closely connected with a state other than that indicated in paragraphs 1 or 2, the law of that other state will apply. A manifestly closer connection with another state might be based in particular on a pre-existing relation between the parties, such as a contract, that is closely connected with the delict in question

Product liability Article 33-a

  • Without prejudice to Article 33 (2), the law applicable to a non-contractual obligation arising out of damage caused by a product will be either:

    • the law of the state in which the person sustaining the damage had habitual residence when the damage occurred, if the product was marketed in that state; or failing that

    • the law of the state in which the product was acquired, if the product was marketed in that state; or failing that

    • the law of the state in which the damage occurred, if the product was marketed in that state.

  • However, the law applicable will be the law of the state in which the person alleged to be liable is habitually resident if he/she could not reasonably have foreseen the marketing of the product, or a product of the same type, in the state whose law is applicable under (a), (b) or (c).

  • Where it is evident from all the circumstances of the case that the delict is manifestly more closely connected with a state other than that indicated in paragraph (1) of this Article, the law of that other state will apply. A manifestly closer connection with another state might be based in particular on a pre-existing relation between the parties, such as a contract, that is closely connected with the delict in question.

Unfair competition and acts restricting free competition Article 33-b

  • The law applicable to a non-contractual obligation arising out of an act of unfair competition is the law of the state where competitive relations or the collective interests of consumers are, or are likely to be, affected.

  • Where an act of unfair competition affects solely the interests of a specific competitor, Article 33 will apply.

  • The law applicable to a non-contractual obligation arising out of a restriction of competition is the law of the state where the market is, or is likely to be, affected.

  • The law applicable under this Article may not be derogated from by an agreement pursuant to Article 33-gj of this Act.

Environmental damage Article 33-v

The law applicable to a non-contractual obligation arising out of environmental damage or damage sustained by persons or property as a result of such damage is the law determined pursuant to Article 33 paragraph (1) of this Act, unless the person seeking compensation for damage chooses to base the claim on the law of the state in which the event giving rise to the damage occurred.

Infringement of intellectual property rights Article 33-g

  • The law applicable to a non-contractual obligation arising from an infringement of an intellectual property right is the law of the state for which protection is claimed.

  • The law applicable under this Article may not be derogated from by an agreement pursuant to Article 33-gj of this Act.p. 3513

Industrial action Article 33-d

Without prejudice to Article 33(2) of this Act, the law applicable to a non-contractual obligation in respect of the liability of a person in the capacity of an employee or an employer or the organizations representing their professional interests for damages caused by industrial action, pending or performed, is the law of the state where the action is to be, or has been, taken.

Article 33-gj Freedom of choice

  • The parties may agree to submit non-contractual obligations to the law of their choice:

    • by an agreement entered into after the event giving rise to the damage occurred; or

    • where all the parties are pursuing a commercial activity, also by an agreement freely negotiated before the event giving rise to the damage occurred.

  • The choice is to be expressed or demonstrated with reasonable certainty by the circumstances of the case and may not prejudice the rights of third parties.

  • Where all the elements relevant to the situation at the time when the event giving rise to the damage occurs are located in a state other than the state whose law has been chosen, then the choice of the parties may not prejudice the application of provisions of the law of that other state which cannot be derogated from by agreement.

Rules of safety and conduct Article 33-g

In assessing the conduct of the person alleged to be liable, account will be taken, as a matter of fact and insofar as is appropriate of the rules of safety and conduct which were in force at the place and time of the event giving rise to the liability.

Non contractual liability arising from events which occurred on board a ship or an aircraft Article 34

If the event underlying the liability for damages occurred on board a ship at open sea or on board an aircraft, the law of the place of occurrence of the facts causing the liability for damages denotes the law of the state of which the ship has nationality or the law of the state in which the aircraft is entered into the register.

Succession Article 35

Succession is governed by the law of the state of which the deceased was a national at the time of death.

Testamentary capacity Article 36

Capacity for testamentary disposition is governed by the law of the state of which the testator was a national at the time of making the Will.

Form of a will Article 37

  • A will is valid with respect to form if the form is valid under one of the following laws:

    • under the law of the place where the will was made;

    • p. 3514under the law of the state of which the testator was a national, either at the time of making the will or at the time of his death;

    • under the law of the testator’s domicile, either at the time of making the will or at the time of death;

    • under the law of the testator’s residence, either at the time of making the will or at the time of death;

    • under the law of the Republic of Macedonia;

    • with respect to immovable property, under the law of the place where the immovable property is located.

  • The revocation of a will is valid with respect to form if such form is valid under any law by virtue of which the will could have been validly made according to paragraph (1) of this Article.

Substantive conditions for celebration of a marriage Article 38

  • Substantive conditions for celebration of a marriage are for each party governed by the law of the state of which the person is a national at the time of celebration of the marriage.

  • The celebration of a marriage is not permitted even if the conditions for celebration of marriage under the law of the state of which the person is national are met, if impediments under the Law of the Republic of Macedonia exist which relate to the existence of an earlier marriage, consanguinity or mental incompetence.

The form of marriage Article 39

The form of marriage is governed by the law of the place where the marriage is celebrated.

Invalidity of marriage Article 40

Invalidity of marriage is governed by any substantive law under which the marriage was celebrated according to Article 38.

Divorce Article 41

  • Divorce is governed by the law of the state of which both spouses are nationals at the time when the application for divorce is made.

  • If at the time when the application is made the spouses are nationals of different states, the divorce is be governed by the law of the state in which the spouses had their last common domicile, and if they never had a common domicile, the law of the state of the courts before which the divorce proceedings are conducted.

  • Notwithstanding the provision of Paragraph (2) of this Article, if one of the spouses is a national of the Republic of Macedonia, the divorce is be governed by the law of the Republic of Macedonia.

Personal and statutory property relations of spouses Article 42

  • Personal relations between the spouses, as well as their statutory patrimonial relations are governed by the law of the state of which both spouses are nationals.

  • If the spouses are nationals of different states, the law of the state in which both of them they have their domicile will apply.

  • If the spouses have neither common nationality nor domicile in the same state, the law of the state will apply in which they both had the last common domicile.

  • If the applicable law cannot be determined according to paragraphs (1), (2) or (3) of this Article, the law of the Republic of Macedonia will apply.p. 3515

Contractual property relations of spouses Article 43

  • Contractual property relations of spouses are governed by the law which at the time of conclusion of the contract was applicable to their personal and statutory patrimonial relations.

  • Notwithstanding the provision of Paragraph (1) of this Article, the spouses may agree in writing that their contractual property relations will be governed by:

    • the law of the state of which at least one of the spouses is a national;

    • the law of the state in which at least one of the spouses is domiciled; or

    • for immovable property, the law of the place where such immovable property is located.

Personal relations between the spouses, statutory and contractual matrimonial property relations where the marriage has been annulled or dissolved Article 44

  • If a marriage is annulled or has been dissolved, personal and statutory matrimonial property relations are governed by the law laid down in Article 42.

  • In cases under paragraph (1) of this Article, the contractual property relations are governed by the law laid down in Article 43 of this Act.

Property relations between persons living in extra-marital cohabitation Article 45

  • Property relations between persons living in extra-marital cohabitation are governed by the law of the state of which the persons are nationals.

  • If the persons from paragraph 1 of this Article do not have common nationality, the law of the state in which the persons have common domicile will apply.

  • Contractual property relations between persons living in extra-marital cohabitation are governed by the law applicable to their property relations at the time of conclusion of the contract.

Relations between parents and children Article 46

  • Relations between parents and children are governed by the law of the state of which they are all nationals.

  • If parents and children are nationals of different states, the law of the state in which they all have domicile will apply.

  • If parents and children have neither common nationality nor domicile in the same state, the law of the state of which the child is a national will apply.

Recognition, establishment and contesting of paternity or maternity Article 47

Recognition, establishment and contesting of paternity or maternity is governed by the law of the state of which the child is a national.

Maintenance obligations Article 48

Maintenance obligations between blood relatives, with the exception of parents and children, or the obligation of maintenance of relatives by affinity are governed by the law of the state of which the relative who is purportedly liable for the maintenance is a national.p. 3516

Legitimization Article 49

  • Legitimization is governed by the law of the state of which the parents are nationals, but if the parents have no common nationality, the law is applicable of the state of either of the parents under which the legitimization would be valid.

  • The child’s consent or the consent by another person or by a state authority to the legitimization is governed by the law of the state of which the child is a national.

The conditions for creation or termination of adoption Article 50

  • The conditions for creation or termination of adoption are governed by the law of the state of which both the adoptive parent and the adopted child are nationals.

  • If the adoptive parent and the adopted child are nationals of different states, the conditions for creation or termination of adoption are governed cumulatively by the laws of the states of which they are nationals.

  • If the spouses are jointly adopting a child, the conditions for creation or termination of adoption are also governed, in addition to the law of the state of which the adopted child is a national, by the law of the state of which the spouses are nationals.

  • The formal validity of adoption is governed by the law of the place where the adoption is created.

Legal effects of the adoption Article 51

  • The effect of adoption is governed by the law of the state of which both the adoptive parent and the adopted child are nationals at the time of adoption.

  • If the adoptive parent and the adopted child are nationals of different states, the law of the state in which they both have domicile will apply.

  • If the adoptive parent and the adopted child are nationals of different states and do not have domicile in the same state, the law of the state of which the adopted child is a national will apply.

Chapter Three International Jurisdiction and Procedure

1. Jurisdiction of courts and other authorities of the Republic of Macedonia in matters having an international element

General rule on international jurisdiction Article 52

  • The courts of the Republic of Macedonia have jurisdiction where the defendant has domicile or its principal place of business in the Republic of Macedonia.

  • If a defendant has no domicile in the Republic of Macedonia nor in any other state, the courts of the Republic of Macedonia have jurisdiction if the defendant has residence in the Republic of Macedonia.

  • If the same action is brought against several defendants who are in a unity of interest or whose obligations are based on the same legal or factual grounds, the courts of the Republic of Macedonia have jurisdiction whenever one of the defendants has domicile or its principal place of business in the Republic of Macedonia.

  • p. 3517If the same action is brought against the principal debtor and a guarantor, the courts of the Republic of Macedonia has jurisdiction whenever it has jurisdiction over an action against the principal debtor.

  • The courts of the Republic of Macedonia have jurisdiction over a counter-claim if that counter-claim relates to the claim of the action.

International jurisdiction in a non-litigious proceedings Article 53

Whenever a legal relation is subject to non-litigious civil proceedings, the courts of the Republic of Macedonia have jurisdiction if the person against whom a claim is lodged has domicile or its principal place of business in the Republic of Macedonia; however, when a single person is involved in the proceedings, the courts have jurisdiction if the person has domicile or its principal place of business in the Republic of Macedonia unless provided otherwise by this Act.

Exclusive international jurisdiction – general rule Article 54

The courts of the Republic of Macedonia have exclusive jurisdiction whenever expressly so provided by this Act or another statute.

Jurisdiction based on criteria contained in foreign law Article 55

If a foreign court has jurisdiction over disputes against the nationals of the Republic of Macedonia according to the jurisdiction criteria that are not contained in the provisions on jurisdiction of the courts of the Republic of Macedonia, such criteria will constitute the basis for jurisdiction of the courts of the Republic of Macedonia over the disputes involving a national of that foreign state as a defendant.

Agreement on a choice of courts Article 56

  • The parties may agree on the jurisdiction of a foreign court provided that at least one of the parties is a foreign national or a legal person with its principal place of business abroad and provided that no dispute is involved which would, under the provisions of this Act or another Act, be subject to the exclusive jurisdiction of the courts of the Republic of Macedonia.

  • Notwithstanding the provision of paragraph (1) of this Article, the parties may not agree on jurisdiction of a foreign court for disputes arising from relations with consumers and disputes arising from insurance relations if the consumer or the insured person who is a natural person has domicile in the Republic of Macedonia.

  • The parties may agree on the jurisdiction of the courts of the Republic of Macedonia if at least one party is a national of the Republic of Macedonia or a legal person with its principal place of business in the Republic of Macedonia.

  • Paragraphs (1), (2) and (3) of this Article do not apply whenever the jurisdiction in the matters from Articles 73 to 83 77 of this Act is involved.

International jurisdiction based on the consent of the defendant Article 57

  • In cases when an agreement on jurisdiction of the courts of the Republic of Macedonia is permissible under paragraphs (3) and (4) of Article 56 of this Act, the jurisdiction of the courts of the Republic of Macedonia may also be based on the defendant’s consent.

  • The defendant will be considered as having consented to the jurisdiction of the courts of the Republic of Macedonia if he/she entered a plea or lodged an objection against the payment order or p. 3518if at the preliminary courts hearing or, in case of absence of preliminary courts hearing, at the first court hearing in the proceedings where the defendant pleaded to the merits of the claimant’s claim without contesting the jurisdiction.

Specific international jurisdiction for stateless persons Article 58

  • Whenever this Act provides that the jurisdiction of the courts of the Republic of Macedonia is subject to the condition that a party to the procedure is a national of the Republic of Macedonia, the jurisdiction thereof will also apply to persons without nationality/stateless persons? who have their domicile in the Republic of Macedonia.

  • Paragraph (1) of this Article also applies by analogy to the jurisdiction of other authorities of the Republic of Macedonia.

International jurisdiction for disputes where the defendant is a national of the Republic of Macedonia performing public service abroad Article 59

Disputes where defendants are nationals of the Republic of Macedonia domiciled abroad, where they are performing public service for an authority of the Republic of Macedonia, will be under the jurisdiction of the courts of the Republic of Macedonia if at the moment of their appointment they had domicile in the Republic of Macedonia.

International jurisdiction over dispute for non-contractual liability Article 60

  • In disputes on non-contractual liability, the courts of the Republic of Macedonia will also have jurisdiction whenever the harmful event or the damaging consequence occurred in the territory of the Republic of Macedonia.

  • The provisions of paragraph (1) of this Article will also apply to disputes against an insurance company relating to compensation for damages to third parties under the regulations on direct liability of the insurance company, as well as to disputes relating to claims under the right of recourse against a party liable upon recourse.

International jurisdiction over disputes based on the place of performance of the contract Article 61

The courts of the Republic of Macedonia also have jurisdiction over disputes arising from contractual relations whenever the matter in dispute refers to an obligation which is to be or should have been performed in the Republic of Macedonia.

International jurisdiction over disputes based on the place where the object of the dispute is located

Article 62

  • The courts of the Republic of Macedonia have jurisdiction over disputes relating to pecuniary claims whenever the object of the dispute is located in the territory of the Republic of Macedonia.

  • If any of defendant’s property is located in the territory of the Republic of Macedonia, the jurisdiction lies with the courts of the Republic of Macedonia whenever the claimant has domicile or its principal place of business in the Republic of Macedonia provided that the claimant proves as probable that the judgment may be enforced out of such property.p. 3519

International jurisdiction over disputes relating to obligations that have arisen during the stay of the defendant in the Republic of Macedonia Article 63

The courts of the Republic of Macedonia have jurisdiction over disputes relating to obligations which have arisen during the stay of the defendant in the Republic of Macedonia.

International jurisdiction over disputes relating to obligations which have arisen or need to be performed in the territory of the Republic of Macedonia Article 64

The courts of the Republic of Macedonia also have jurisdiction over disputes against a natural or legal person having its principal place of business abroad, if such person has a branch establishment in the Republic of Macedonia or the person authorized to perform its business operations has its principal place of business in the Republic of Macedonia, provided that such disputes involve business operations of that branch establishment or of that person in the territory of the Republic of Macedonia.

Exclusive international jurisdiction over disputes relating to establishment, dissolution and changes in the legal status of a legal person Article 65

The courts of the Republic of Macedonia have exclusive jurisdiction over disputes relating to establishment, dissolution and changes in the legal status of a company, of another legal person, or of an association of natural or legal persons, as well as in disputes relating to validity of resolutions passed by the bodies thereof if such company, another legal person or association has its principal place of business in the Republic of Macedonia.

Exclusive international jurisdiction over disputes relating to over disputes relating to entries into public registries Article 66

The courts of the Republic of Macedonia have exclusive jurisdiction over disputes relating to entries into public registries maintained in the Republic of Macedonia.

Exclusive international jurisdiction over disputes relating to to industrial property rights Article 67

The courts of the Republic of Macedonia have exclusive jurisdiction over disputes on filing of application and validity of industrial property rights, if the application was filed in the Republic of Macedonia.

Exclusive international jurisdiction over the permission and carrying-out of execution Article 68

The courts of the Republic of Macedonia have exclusive jurisdiction over the permission and carrying-out of execution, if such execution is carried out in the territory of the Republic of Macedonia.

Exclusive international jurisdiction over disputes relating to rights in rem in immovable property Article 69

The courts of the Republic of Macedonia have exclusive jurisdiction over disputes relating to ownership and other rights in rem in immovable property, disputes over trespassing on immovable property, as well as over disputes relating to the lease or rent of immovable property or to contracts on p. 3520the use or dwelling of an apartment or of business premises if such immovable property is located in the territory of the Republic of Macedonia.

International jurisdiction over disputes relating to trespassing on movable property Article 70

The courts of the Republic of Macedonia also have jurisdiction in disputes relating to trespass on movable property, whenever the trespass occurred in the territory of the Republic of Macedonia.

International jurisdiction over disputes relating to property rights on a ship or on an aircraft Article 71

  • In disputes relating to property rights on a ship or on an aircraft, and in disputes relating to the lease of a ship or an aircraft, the jurisdiction lies with the courts of the Republic of Macedonia whenever the register containing the entry of the ship or the aircraft is kept in the Republic of Macedonia.

  • In disputes over trespassing on a ship or an aircraft from paragraph (1) of this Article, the jurisdiction also lies with the courts of the Republic of Macedonia whenever the register containing the entry of the ship or the aircraft is kept in the Republic of Macedonia, or if the trespassing occurred in the territory of the Republic of Macedonia.

International jurisdiction over matrimonial property relations with respect to property in the Republic of Macedonia Article 72

  • In disputes over matrimonial property relations relating to property in the Republic of Macedonia, the jurisdiction lies with the courts of the Republic of Macedonia whenever the defendant has no permanent residence in the Republic of Macedonia, if the claimant has domicile or residence in the Republic of Macedonia at the time of filing the lawsuit.

  • If the major part of the property is located in the Republic of Macedonia and the remainder abroad, the courts of the Republic of Macedonia may issue a decision on the property located abroad only in a dispute dealing also with the property in the Republic of Macedonia and only on condition that the defendant consents that the judgment be rendered by the courts of the Republic of Macedonia.

  • The courts of the Republic of Macedonia have jurisdiction over disputes over matrimonial property relations by virtue of the provisions of this Act irrespective of the fact whether the marriage exists, whether it has been dissolved or declared null and void.

International jurisdiction over matrimonial disputes Article 73

  • The courts of the Republic of Macedonia also have jurisdiction over disputes relating to the declaration of a marriage as existing or non-existing, declaration of a nullity of a marriage or to a divorce (matrimonial disputes) even when the defendant has no domicile in the Republic of Macedonia if:

    • both spouses are nationals of the Republic of Macedonia, irrespective of their domicile;

    • the claimant is a national of the Republic of Macedonia and has domicile in the Republic of Macedonia; or

    • both spouses had their last common domicile in the Republic of Macedonia and the claimant is domiciled or has temporary residence in the Republic of Macedonia at the time of filing the suit.

  • If the defendant spouse is a national of the Republic of Macedonia and has domicile in the Republic of Macedonia, the jurisdiction of the courts of the Republic of Macedonia is exclusive.

International jurisdiction over matrimonial disputes based on the last common domicile of the spousesp. 3521

Article 74

In disputes under Article 73 of this Act, the jurisdiction also lies with the courts of the Republic of Macedonia whenever the spouses are foreign nationals but had their last common domicile in the Republic of Macedonia, however, only if the defendant consents that the judgment be rendered by the courts of the Republic of Macedonia and on condition that the law of the state of which the spouses are nationals permits such jurisdiction.

International jurisdiction over divorce disputes Article 75

The courts of the Republic of Macedonia also have jurisdiction over disputes relating to divorce whenever the claimant is a national of the Republic of Macedonia and whenever divorce is not permitted in the law of the state whose courts would otherwise have jurisdiction.

International jurisdiction over disputes relating to establishing or contesting of paternity or maternity

Article 76

  • In disputes relating to establishing or contesting of paternity or maternity, jurisdiction also lies with the courts of the Republic of Macedonia whenever the defendant has no domicile in the Republic of Macedonia if:

    • the claimant and the defendant are nationals of the Republic of Macedonia, irrespective of their domicile; or

    • the claimant is a national of the Republic of Macedonia and has domicile in the Republic of Macedonia.

  • If the lawsuit is filed against a child who is a national of the Republic of Macedonia and who has domicile or temporary residence in the Republic of Macedonia, the jurisdiction of the courts of the Republic of Macedonia is exclusive.

International jurisdiction over disputes between foreign nationals relating to recognition or contesting of paternity or maternity Article 77

The courts of the Republic of Macedonia which have jurisdiction over disputes under Article 76 of this Act also have jurisdiction whenever the claimant and the defendant are foreign nationals, provided that the claimant or one of the claimants has domicile in the Republic of Macedonia, however, only if the defendant consents that the judgment be rendered by the courts of the Republic of Macedonia and if the regulations of the state of which he is a national permit such jurisdiction.

International jurisdiction over disputes on custody and care of children who are under parental care Article 78

  • The courts of the Republic of Macedonia have jurisdiction over disputes on custody and care of children who are under parental care, even when the defendant has no domicile in the Republic of Macedonia, provided that both parents are nationals of the Republic of Macedonia or the child is a national of the Republic of Macedonia having domicile in the Republic of Macedonia.

  • If the defendant and the child are nationals of the Republic of Macedonia and if they both have domicile in the Republic of Macedonia, the jurisdiction of the courts of the Republic of Macedonia is exclusive.

  • Paragraphs 1 and 2 of this Article and Article 52 of this Act also apply analogously for designation of jurisdiction of other authorities of the Republic of Macedonia in decisions issued on the custody and care of children by their parents.p. 3522

International jurisdiction over disputes on maintenance of children Article 79

  • The courts of the Republic of Macedonia have jurisdiction over disputes on maintenance of children whenever the defendant has no domicile in the Republic of Macedonia if:

    • the lawsuit is filed by a child domiciled in the Republic of Macedonia;

    • the claimant and the defendant are nationals of the Republic of Macedonia, irrespective of the place of their domicile; or

    • the claimant is a minor and a national of the Republic of Macedonia.

  • The courts of the Republic of Macedonia also have jurisdiction over disputes relating to maintenance between spouses and former spouses whenever the spouses had their last common domicile in the Republic of Macedonia and if the claimant is still domiciled in the Republic of Macedonia at the time of filing the suit.

International jurisdiction over disputes on maintenance based on property of the defendant from which the maintenance can be paid

Article 80

The courts of the Republic of Macedonia also have jurisdiction over disputes on maintenance whenever the defendant has property in the Republic of Macedonia from which the maintenance can be paid.

International jurisdiction over disputes on protection, care and maintenance of children Article 81

The courts of the Republic of Macedonia have jurisdiction over decisions relating to the protection, care and maintenance of children whenever such disputes are resolved together with matrimonial disputes or disputes relating to the establishment and contesting of paternity or maternity which are under this Act subject to jurisdiction with the courts of the Republic of Macedonia.

International jurisdiction over disputes on parental rights Article 82

  • For decisions rendered on deprivation or restoration of parental rights, renewal of parental rights, appointment of a parent as trustee of the child’s property, for declaration of the child’s legitimacy, as well as for decisions issued on other matters referring to the personal status and relations between parents and children, the jurisdiction also lies with the courts of the Republic of Macedonia even if the requirements of paragraph (3) of Article 52 of this Act are not fulfilled, if the applicant and the respondent are nationals of the Republic of Macedonia, or where only one person is involved in the proceedings, if that person is a national of the Republic of Macedonia.

  • In matters under paragraph (1) of this Article, the jurisdiction also lies with the courts of the Republic of Macedonia if the child involved is a national of the Republic of Macedonia with domicile in the Republic of Macedonia.

International jurisdiction over granting marriage licence to minors Article 83

  • The courts of the Republic of Macedonia have jurisdiction in granting a marriage licence to minors, if the applicants or one of the applicants is a national of the Republic of Macedonia, irrespective of the domicile of the persons intending to enter into a marriage.

  • The courts of the Republic of Macedonia have exclusive jurisdiction if a minor applying for a marriage licence is a national of the Republic of Macedonia, or if both of the parties intending to enter into marriage are nationals of the Republic of Macedonia and the marriage is celebrated abroad.

p. 3523International jurisdiction over distribution of the estate of a deceased Macedonian national and for disputes arising from succession relations as well as for disputes relating to creditors’ claims against the estate of a deceased Macedonian national

Article 84

  • The courts of the Republic of Macedonia have exclusive jurisdiction in distribution of the immovable estate of a deceased national of the Republic of Macedonia if such immovable estate is located in the Republic of Macedonia.

  • If the immovable estate of a deceased national of the Republic of Macedonia is located abroad, the jurisdiction lies with the courts of the Republic of Macedonia only when under the law of the state in which the immovable estate is located the authority of that state lacks jurisdiction.

  • The courts of the Republic of Macedonia have jurisdiction in distribution of the movable estate of a deceased national of the Republic of Macedonia if such movable estate is located in the territory of the Republic of Macedonia and if under the law of the state in which the movable estate is located the authority of that state lacks jurisdiction in the matter, or if that authority refuses to distribute such movable estate.

  • Paragraphs (1), (2) and (3) of this Article also refer to the jurisdiction over disputes arising from succession relations as well as in disputes relating to creditors’ claims against the estate of a deceased person.

International jurisdiction over distribution of the estate of a deceased foreign national and for disputes arising from succession relations as well as for disputes relating to creditor claims against the estate of a deceased foreign national

Article 85

  • The courts of the Republic of Macedonia have exclusive jurisdiction in distribution of the immovable estate of a deceased foreign national if such immovable estate is located in the Republic of Macedonia.

  • The courts of the Republic of Macedonia have jurisdiction in distribution of the movable estate of a deceased foreign national if such movable estate is located in the territory of the Republic of Macedonia, except in cases where the courts of the state of the deceased lack jurisdiction in dealing with the movable estate of nationals of the Republic of Macedonia.

  • Paragraphs (1) and (2) of this Article also refer to the jurisdiction over disputes arising from succession relations as well as over disputes relating to creditor claims against the estate of a deceased person.

  • Whenever a court of the Republic of Macedonia lacks jurisdiction in distributing the estate of a deceased foreign national, it may institute measures to protect the estate and the associated rights existing in Republic of Macedonia.

International jurisdiction over distribution of the estate of a deceased stateless person and for disputes arising from succession relations as well as for disputes relating to creditor claims against the estate of a deceased stateless person

Article 86

  • The courts of the Republic of Macedonia have exclusive jurisdiction in distribution of the immovable estate of a deceased stateless person, or of a deceased person whose nationality cannot be established, or of a deceased person with the status of a refugee if such immovable estate is located in the territory of the Republic of Macedonia.

  • The courts of the Republic of Macedonia have jurisdiction in distribution of the movable estate of a stateless person, of a deceased person whose nationality cannot be established, or of a deceased person with the status of a refugee if such movable estate is located in the p. 3524territory of the Republic of Macedonia or if the deceased person had domicile in the Republic of Macedonia at the time of death.

  • Paragraphs (1) and (2) of this Article also refer to the jurisdiction over disputes arising from succession relations as well as over disputes relating to creditor claims against the estate of a deceased person.

  • If the deceased person had no domicile in the Republic of Macedonia, the provisions governing the estate of a foreign deceased national apply analogously, whereby the foreign state will denote a state in which the deceased person had domicile at the time of death.

International jurisdiction on adoption Article 87

  • The authority of the Republic of Macedonia has exclusive jurisdiction over decisions rendered on adoption and termination of adoption of a person who is a national of the Republic of Macedonia and is domiciled in the Republic of Macedonia.

  • The authority of the Republic of Macedonia has jurisdiction over decisions rendered on adoption and termination of adoption if the adoptive parent is a national of the Republic of Macedonia and has domicile in the Republic of Macedonia.

  • If the spouses adopt jointly, it is sufficient for the jurisdiction of the authority of the Republic of Macedonia that either of the spouses is a national of the Republic of Macedonia.

International jurisdiction in matters of guardianship Article 88

The authority of the Republic of Macedonia has exclusive jurisdiction in matters of guardianship over nationals of the Republic of Macedonia, irrespective of their domicile, unless provided otherwise by this Act.

Abstinence from issuing decisions in matters of guardianship of nationals of the Republic of Macedonia domiciled abroad Article 89

The authority of the Republic of Macedonia may not issue a decision and may not take any measures in matters of guardianship of a national of the Republic of Macedonia who is domiciled abroad if it is established that the authority having jurisdiction under the law of a foreign state has already issued a decision and taken measures directed to the protection of his personality, rights and interests.

International jurisdiction on urgent provisional measures for protection of foreign nationals Article 90

  • The authority of the Republic of Macedonia will order urgent provisional measures for the protection of the person, rights and interests of a foreign national who stays in the Republic of Macedonia or has property therein, and will notify the authority of the foreign state accordingly.

  • The authority of the Republic of Macedonia will issue a decision and take measures in matters of guardianship relating to a foreign national who is domiciled in the Republic of Macedonia if the protection of that person’s personality, rights and interests is not provided by the authority of the state of which he is a national.

International jurisdiction on declaring of death of a missing person Article 91

  • The courts of the Republic of Macedonia have exclusive jurisdiction over declaration of death of a missing national of the Republic of Macedonia, irrespective of the person’s domicile.

  • By virtue of the law of the Republic of Macedonia, the death of a foreign national who has died in the territory of the Republic of Macedonia may be proved before the courts of the Republic of Macedonia.p. 3525

2. Miscellaneous provisions on civil procedure with international element

Capacity to be a party and the capacity to conduct legal proceedings of a natural person Article 92

  • The capacity of natural person to be a party in a lawsuit and to conduct legal proceedings is governed by the law of the state of which that person is a national.

  • If a foreign national lacks capacity to conduct proceedings by virtue of paragraph (1) of this Article but has such capacity under the law of the Republic of Macedonia, he/she may participate in the proceedings in person.

  • A legal representative of a foreign national from paragraph (2) of this Article may only participate in the proceedings until the moment when the foreign national declares that he will take over the proceedings in person.

  • The capacity of a legal person to be a party is governed by the law specified in Article 16 of this Act.

Foreign lis pendens Article 93

When proceedings involving the same matter and between the same parties are pending before a foreign court, the courts of the Republic of Macedonia will stay the proceedings at the request of a party if:

  • the procedure before the foreign courts was instituted prior to the one instituted in the Republic of Macedonia; and

  • the dispute is not under exclusive jurisdiction of the Courts of the Republic of Macedonia.

Assessment of the jurisdiction of the courts of the Republic of Macedonia Article 94

The jurisdiction of the courts of the Republic of Macedonia will be assessed on the grounds of facts existing at the time of instituting of proceedings.

Cautio iudicatum solvi Article 95

  • When a foreign national or a stateless person who is not domiciled in the Republic of Macedonia brings a lawsuit before the courts of the Republic of Macedonia, he/she will, at the request of a defendant who is a national of the Republic of Macedonia, provide security for the costs of litigation.

  • The defendant will file a request under paragraph (1) of this Article no later than at the preliminary court hearing, and in case of absence of a preliminary court hearing, at the first hearing in the proceedings and prior to pleading to the merits of the claimant’s claim, or as soon as he/she is informed that the requirements permitting a request for security are fulfilled.

  • The security for costs of litigation is to be deposited in cash, although the courts may allow such security also to be deposited in any other appropriate form.

Exemption from cautio iudicatum solvi Article 96

  • The defendant is not entitled to request security for the costs of litigation, if:

    • in the state of which the claimant is a national, nationals of the Republic of Macedonia are not bound to deposit security;

    • the claimant has been granted asylum in the Republic of Macedonia;

    • the action involves the claimant’s claims from his employment in the Republic of Macedonia;

    • an action relating to a matrimonial dispute, or a dispute relating to establishment or contesting of paternity or maternity, or a dispute relating to legal maintenance is involved; or

    • an action relating to bills of exchange, cheques, a counterclaim, or issuing of a payment order is involved.

  • p. 3526In cases of doubt whether the nationals of the Republic of Macedonia are by virtue of sub-paragraph 1 paragraph (1) of this Article bound to provide security in the state of which the claimant is a national, a clarification will be provided by the ministry competent for matters of justice.

Decision on cautio iudicatum solvi Article 97

  • In the ruling granting the request for security for costs of litigation, the courts will determine the amount of security and the period for its provision, and will inform the claimant of the consequences provided by law for failure to prove that he has provided security in the specified period.

  • If the claimant fails to prove provision of security for legal costs in the specified period, the claimant is regarded as having withdrawn the action, or if security was requested by the defendant in the appellate proceedings, as having withdrawn the appeal.

  • A defendant who has in time requested security for legal costs from the claimant, is not bound to continue with pleading to the merits of the claimant’s claim until a final decision on his request is issued by the court, and if the request is granted, until the security is provided by the claimant.

  • If the court rejects the request for security for costs of litigation, the court may decide to continue the proceedings even before the decision on rejection has become final.

Exemption from payment of costs of litigation Article 98

  • Subject to reciprocity, foreign nationals are entitled to exemption from payment of costs of litigation.

  • In cases of doubt with respect to reciprocity, the clarification on exemption from payment of costs of litigation will be given by the ministry competent for matters of justice.

  • The exercise of the right to exemption from payment of costs for litigation is not subject to reciprocity under paragraph 1 of this Article if a foreign national is domiciled in the Republic of Macedonia.

  • A stateless person is entitled to exemption from payment of costs of litigation if he has domicile or temporary residence in the Republic of Macedonia.

Chapter Four Recognition of Foreign Judgments

1. Definitions

Foreign Judgment Article 99

  • A judgment will be considered to be a foreign judgment if it was rendered by a court of a foreign state.

  • A foreign judgment under paragraph (1) of this Article also denotes a settlement made in court (court settlement).

  • A foreign judgment under paragraph (1) of this Article also denotes a decision of another authority which is equivalent to the judgment or settlement in courts in the state of origin, if it governs the relations set out in Article 1 of this Act.

Recognition Article 100

A foreign judgment is equivalent to a judgment of the courts of the Republic of Macedonia and has legal effect in the Republic of Macedonia only if recognized by the courts of the Republic of Macedonia.p. 3527

2. Conditions for recognition

Certificate of finality Article 101

  • The party applying for recognition of a foreign judgment is attach to the application the original of the foreign judgment or an authenticated copy thereof, and the certificate of a competent foreign courts or another authority on finality of such judgment under the law of the state in which the judgment was rendered.

  • If the original of the foreign judgment or its authenticated copy is not made in the language officially used in the court of recognition, the party seeking recognition is also be obliged to produce a certified translation of the foreign judgment in the language officially used in that court.

Certificate of enforceability of the foreign judgment Article 102

If the applicant for recognition of a judgment requests also recognition of its enforceability, the applicant is be obliged to submit, in addition to the documents set out in Paragraph (1) of Article 101 of this Act, a certificate of enforceability of the judgment under the law of the state in which it was rendered.

Violation of the right to defence Article 103

The courts of the Republic of Macedonia will refuse the recognition of a foreign judgment, if one of the parties proves that:

  • due to irregularities in the proceedings that party had no opportunity to participate therein; or

  • the summons, the document or the ruling instituting the proceedings were not served upon him in a way provided by the law on procedure of the state in which the judgment was rendered, or isuch service was not even attempted, except when that party pleaded to the merits of the claimant’s claim in the first instance proceedings.

Exclusive jurisdiction of the courts of the Republic of Macedonia Article 104

  • A foreign judgment will not be recognized if the exclusive jurisdiction over the matter involved lies with the courts or some other authority of the Republic of Macedonia.

  • If the recognition of a foreign judgment on divorce or annulment of marriage is requested by the defendant, or if such a request is made by the claimant and the defendant does not object to it, the exclusive jurisdiction of the courts of the Republic of Macedonia will not impede its recognition.

Refusal of recognition where the jurisdiction of a foreign court was based exclusively on the nationality of the claimant or the agreement on jurisdiction of courts of the Republic of Macedonia was ignored

Article 105

  • Upon objection of the party against whom the foreign judgment was rendered, the court will refuse to recognize the foreign judgment if the jurisdiction of a foreign court was based exclusively on the nationality of the claimant.

  • Upon the objection of the party against whom a foreign judgment was rendered, the courts will refuse to recognize the judgment also in cases when the court rendering the decision failed to observe the agreement on jurisdiction of courts of the Republic of Macedonia.p. 3528

Final judgment between the same parties on the same subject matter Article 106

  • A foreign judgment will not be recognized if the courts or another authority of the Republic of Macedonia have rendered a final decision on the same subject matter or if another foreign judgment rendered on the same subject matter was recognized in the Republic of Macedonia.

  • The court will stay the proceedings for recognition of a foreign judgment where proceedings instituted earler are pending before the courts of the Republic of Macedonia proceedings in the same subject matter and between the same parties, until the judgment in these proceedings becomes final.

Violation of public policy Article 107

A foreign judgment will not be recognized if the effects of such recognition would be contrary to public policy of the Republic of Macedonia.

Foreign judgment relating to the personal status of a national of the Republic of Macedonia Article 108

If by virtue of this Act, the law of the Republic of Macedonia should have been applied when deciding on the personal status of a national of the Republic of Macedonia, the foreign judgment will be recognized despite the fact that it was rendered by application of a foreign law if such judgment does not differ substantially from the law of the Republic of Macedonia which is applicable to such a relation.

Foreign judgment relating to the personal status of a national of the state of the court Article 109

  • A foreign judgment relating to the personal status of a national of the state in which it was rendered will be recognized in the Republic of Macedonia without examination according to Articles 104 and 107 of this Act.

  • If in the opinion of the competent authority of the Republic of Macedonia the judgment of a foreign court refers to the personal status of a national of the Republic of Macedonia, the recognition of such decision will be subject to examination according to the provisions of Articles 101 to 107 of this Act.

Foreign judgment relating to the personal status of an alien who is not a national of the state of the court Article 110

A foreign judgment relating to the personal status of an alien who is not a national of the state in which it was rendered will be recognized only if it fulfils the conditions for recognition in the state of which the foreigner is a national.

3. Procedure for recognition of foreign judgments Article 111

  • The procedure for recognition of a foreign judgments award will be instituted upon application.

  • Recognition of a foreign judicial decision on matters referring to personal status may be sought by anyone having a legal interest in those matters.

Article 112

  • Recognition of a foreign judgment will be adjucated by a single judge of the court of the first instance.

  • p. 3529Territorial jurisdiction over recognition of a foreign judgment will lie with any court having substantive jurisdiction.

  • If no special ruling has been issued as to recognition of a foreign judgment, any court may decide the matter as if on a preliminary question, but with an effect referring only to that procedure.

Article 113

  • In proceedings for recognition of a foreign judicial decision or arbitral award, the courts may only examine whether the requirements set out in the provisions of Articles 101 to 110 are fulfilled.

  • If the court establishes that there are no obstacles to recognition, it will issue the ruling on recognition of a foreign judgment.

  • The ruling on recognition will be served by the courts upon the opposite party and/or upon other parties in the proceedings in which the foreign judgment was rendered, with the instruction that an objection may be filed within fifteen days of service.

  • An objection filed in accordance with paragraph (3) of this Article will be decided by the court which has adopted the ruling on recognition, in a chamber of three judges. If the decision on the appeal depends on disputable facts, the court will render a decision after the court hearing.

  • An appeal is permissible against the court ruling rejecting the application for recognition and against the court ruling as to the objection, to the competent Appellate courts within 8 days of service of the ruling.

  • Notwithstanding the provision of paragraph (3) of this Article, the court will not serve the ruling on recognition of a foreign judgment relating to divorce upon the opposite party if the person applying for recognition is a national of the Republic of Macedonia and the opposite party has neither domicile nor temporary residence in the Republic of Macedonia.

Article 114

The costs of the proceedings on recognition of a foreign judgment will be determined by the courts in accordance with the rules which would be applicable if the matters were governed by the courts or another authority of the Republic of Macedonia.

Article 115

Unless provided otherwise in this Chapter, the provisions of the Non-Contentious Civil Procedure apply analogously to the procedure of recognition of foreign judgments.

Article 116

The provisions of Articles 111 to 115 of this Act, apply analogously to the proceedings for recognition of foreign arbitral awards.

Chapter Five Special Provisions

Celebration of a marriage abroad before an authorised consulate or diplomatic mission of the Republic of Macedonia Article 117

  • Nationals of the Republic of Macedonia may celebrate their marriage abroad before the consulate of the Republic of Macedonia or before a diplomatic mission of the Republic of Macedonia performing consular activities, unless the state in which the consulate or mission is located finds it incompatible, or if so provided by an international treaty.

  • p. 3530The minister competent for foreign affairs shall determine which consulates of the Republic of Macedonia abroad may conclude a marriage between nationals of the Republic of Macedonia.

Guardianship over nationals of the Republic of Macedonia abroad Article 118

Guardianship over nationals of the Republic of Macedonia abroad will be dealt with by the consulate or the diplomatic mission of the Republic of Macedonia unless the state in which the consulate or the mission is located finds it incompatible, or if so provided by an international treaty.

Drafting a will for a national of the Republic of Macedonia abroad Article 119

A consulate or a diplomatic mission of the Republic of Macedonia performing consular activities may draft a will for a national of the Republic of Macedonia abroad according to the provisions applicable to a judicial will.

Legalization of signatures, manuscripts and copies by consulates and diplomatic missions of the Republic of Macedonia abroad Article 120

  • Consulates of the Republic of Macedonia or diplomatic missions of the Republic of Macedonia performing consular activities may legalize signatures, manuscripts and copies in accordance with international treaties and regulations of the recipient states.

  • The minister competent for external affairs will regulate in detail the execution of matters set out in paragraph (1) of this Article.

Certificates on the regulations which are in force or have been in force in the Republic of Macedonia Article 121

  • Certificates of the regulations which are in force or have been in force in the Republic of Macedonia, for the purpose of being submitted to the authorities of a foreign state, will be issued by the minister competent for matters of justice.

  • Certificates under paragraph (1) of this Article are to state the title of the regulation, the date of its coming into effect or/and the date of its coming out of effect, and the literal wording of appropriate provisions.

Chapter Six Final and Transitory Provisions

Application of this Act Article 122

  • The provisions of this Act on determining the applicable law do not apply to relations which arose before the entering into force of this Act.

  • If a judgment or another decision finalizing the first instance procedure was rendered before entry into force of this Act, the further proceedings will be completed in accordance with the provisions on jurisdiction and procedure in matters with international element, and on recognition of foreign judgments which were in force at the time of rendering the judgment or the decision at first instance.

  • If the judgment or the first instance decision referred to in Paragraph (2) of this Article has been repealed, the further proceedings will be carried out in accordance with the provisions on p. 3531jurisdiction and procedure in matters with international element, and on recognition of foreign judgments of this Act.

Acts to come out of effect Article 123

On the day of entry into force of this Act, the Act on Resolution of Conflict of Laws with other Countries in Certain Relations (‘Official Gazette of SFRY’, No 43/82 and 72/82) comes out of effect.

Entry into force of this Act Article 124

The present Act enters into force on the 8th day after its publication in the Official Gazette of the Republic of Macedonia.

Act for Amending and Supplementing the Private International Law Act2

Official Gazette of the Republic of Macedonia no 156/2010

[…]

Article 7

Provisions of articles 2,3,4, 5 and 6 of this Act go out of force on the day of accession of the Republic of Macedonia to the European Union.

Article 8

Provisions of this Act do not apply to the relations which emerged before the entering into force of this Act.

Article 9

The present Act enters into force on the 8th day after its publication in the ‘Official Gazette of the Republic of Macedonia‘, and it will apply after the expiration of a period of six months from the day of its entry into force.

Translation by Prof. Dr.sc. Toni Deskoski, Full Professor of Private International Law at the University ‘SS Cyril and Methodius’, Faculty of Law ‘Iustinianus Primus’, Skopje (Republic of Macedonia).

Translation by Prof. Dr.sc. Toni Deskoski, Full Professor of Private International Law at the University ‘SS Cyril and Methodius’, Faculty of Law ‘Iustinianus Primus’, Skopje (Republic of Macedonia).