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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Bosnia and Herzegovina

Act Concerning the Resolution of Conflicts of Laws with the Provisions of Other Countries in Certain Matters1

Act of 15 July 1982 No 525

Sluzbeni List SFRJ, 23 July, No 43

Preliminary note:

In Bosnia, the old Yugoslav Act Concerning the Solution of Conflict of Laws with the Provisions of Other Countries in Certain Matters is still applicable. No changes were made after independence, not even to delete references to the ‘Socialist Republic of Yugoslavia’.

Chapter I Basic provisions

Article 1

  • This Act establishes rules for the determination of the applicable law in respect of status, family relations as weil as property relations that do not concern rights in rem and other material legal relations with an international element.

  • This Act also establishes rules concerning the jurisdiction of the courts and other organs of the Socialist Federative Republic of Yugoslavia in the cases of paragraph 1 of this Article, rules of procedure and rules for the recognition and execution of foreign judicial decisions and arbitral awards.

Article 2

If in this Act there is no provision concerning the law to be applied in respect of one of the cases of Article I paragraph I of this Act, the provisions and principles of this Act, the principles of the legal order of the SFRY and the principles of private international law are to be applied accordingly.

Article 3

The provisions of this Act shall not apply in respect of the cases of Article I of this Act if they have been provided for by another federal Act or international agreement.

Article 4

The law of a foreign state shall not be applied if its application would be contrary to the basic principles of social organization laid down by the Constitution of the SFRY.

Article 5

The law of a foreign state that would be applicable-. according to the provisions of this or another federal Act shall not be applied if the purpose of its application is the evasion of the application of the law of the SFRY.p. 2997

Article 6

  • If according to the provisions of this Act the law of a foreign state should be applied, its rules on the choice of applicable law shall be taken into consideration.

  • If the rules of a foreign country on the choice of the applicable law refer to the law of the SFRY, the law of the SFRY shall be applied, without taking into consideration the rules on the choice of the otherwise applicable law.

Article 7

Unless otherwise provided by this or another federal Act legal transactions and legal acts are considered to be valid as to their form if they are valid either according to the law of the place where the legal transaction was entered into or the legal act performed, or according to the law to be applied in respect of the content of the legal transaction or legal act.

Article 8

The law governing the content of a legal transaction or legal act applies in respect of prescription.

Article 9

The law of a foreign state shall be applied in accordance with its meaning’ and notions.

Article 10

  • If the law of a state the legal order of which is not uniform is to be applied and the rules of this Act do not refer to a specific area of jurisdiction in that state, the applicable law shall be determined according to the rules ofthat legal order.

  • If the applicable law of the state the legal order of which is not uniform cannot be found in the way provided in paragraph 1 of this Article, the law of the area in that state with which the ties are closest is to be applied.

Article 11

  • If a person who is a citizen of the SFRY also has the nationality of another state, for the application of this Act he is considered to have only the nationality of the SFRY.

  • lf a person who is not a citizen of the SFRY has two or more foreign nationalities, for the application of this Act he is considered to have the nationality of that state of which he is citizen and where he is domiciled.

  • If the person referred to in paragraph 2 of this Article is not domiciled in any of the states of which he is a citizen, for the application of this Act he is considered to have the nationality of that state of which he is a citizen and with which his ties are closest.

Article 12

  • If a person has no nationality or his nationality cannot be established, the applicable law shall be determined according to his domicile.

  • If a person referred to in paragraph 1 of this Article has no domicile or that domicile cannot be established, the applicable law shall be determined according to his residence.

  • If the residence of the person referred to in paragraph 1 of this Article cannot be established, the law of the SFRY shall be applied.

Article 13

  • The court or another competent organ shall ex officio determine the content of the foreign law to be applied.

  • p. 2998The organ referred to in paragraph 1 of this Article may make inquiries about the foreign law from the federal organ which is competent for the administration of justice.

  • The litigating parties may also submit an official document on the content of the foreign law.

Chapter II The applicable law

Article 14

  • The law governing the legal capacity and capacity to act of a natural person is the law of the state of which he is a citizen.

  • The natural person who would have no capacity to act according to the law of the state of which he is a citizen, has capacity to act if he has that capacity by the law of the place where the obligation arose.

  • The law governing the curtailment or denial of the capacity to act is the law referred to in paragraph 1 of this Article.

  • The provision of paragraph 2 of this Article does not apply to family relations and to questions of succession.

Article 15

  • The law governing guardianship and its termination, as weil as the relations between guardian and the person who is placed under guardianship, is the law of the state of which the person under guardianship is a citizen.

  • Provisional protective measures concerning aliens or stateless persons who are in the SFRY are determined according to the law of the SFRY and will remain operative as lang as the competent state does not take a decision and does not take the necessary measures.

  • The provision of paragraph 2 of this Article applies also in respect of the protection of the property of an absent allen or a stateless person which is situated on the territory of the SFRY.

Article 16

The law governing the declaration of the death of a person who has disappeared is the law of the state of which that person was a citizen at the time of his disappearance.

Article 17

  • The nationality of a legal person is determined by the law of the state under which it was established.

  • If a legal person has its real seat in another state and not in the one in which it was established and according to the law of that other state it has the nationality of that state, it shall be considered to be a legal person of that state.

Article 18

  • The law governing ownership relations and other rights in rem as well as the right of managing social property, is the law of the place where the property is situated.

  • The law governing the relations referred to in paragraph 1 of this Article in respect of goods in transit is the law of the place of destination.

  • The law governing the relations referred to in paragraph 1 of this Article in respect of means of transport is the law of the state of which those means have the nationality, unless otherwise provided by the legislation of the SFRY.

Article 19

The law governing contracts is the law which the contracting parties have chosen, unless otherwise provided by this Act or an international agreement.p. 2999

Article 20

If no applicable law has been chosen and the special circumstances of the case do not refer to another law, the law tobe applied is:

  • in respect of the sale of movables -the law of the place where the seller was domiciled or had its seat at the time of the acceptance of the offer;

  • in respect of a contract of works or a building contract – the law of the place where the person who has to perform the work or the contractor was domiciled or had its seat at the time of the acceptance of the offer;

  • in respect of a contract of agency the law of the place where the agent was domiciled or had its seat at the time of the acceptance of the offer;

  • in respect of a contract of representation – the law of the place where the representative was domiciled or had its seat at the time of the acceptance of the offer;

  • in respect of a contract of commission – the law of the place where the commission agent was domiciled or had its seat at the time of the acceptance of the offer;

  • in respect of a forwarding contract – the law of the place where the agent was domiciled or had its seat at the time of the acceptance of the offer;

  • in respect of a contract for the hire of movables – the law of the place where the domicile or the seat of the Ietter was at the time of the acceptance of the offer;

  • in respect of a contract of loan of money – the law of the place where the lender was domiciled or had its seat at the time of the acceptance of the offer;

  • in respect of a contract of use – the law of the place where the lender was domiciled or had its seat·at the time of the acceptance of the offer;

  • in respect of a contract of bailment – the law of the place where the bailee was domiciled or had its seat at the time of the acceptance of the offer;

  • in respect of a contract of storage – the place where the warehouseman was domiciled or had its seat at the time of the acceptance of the offer;

  • in respect of a contract of carriage – the law of the place where the carrier was domiciled or had its seat at the time of the acceptance of the offer;

  • in respect of a contract of insurance – the law of the place where the insurer was domiciled or had its seat at the time of the acceptance of the offer;

  • in respect of a contract of copyright – the law of the place where the author was domiciled or had its seat at the time of the acceptance of the offer;

  • in respect of a contract of donation – the law of the place where the donor was domiciled or had its seat at the time of the acceptance of the offer;

  • in respect of a stock-exchange transactions – the law of the stockexchange’s seat;

  • in respect of a contract of independent bank guarantees – the law of the place where the guarantor had its seat at the time of the conclusion of the contract;

  • in respect of a contract on the transfer of technology (licences etc.) – the law of the place where the receiver of the technology had its seat at the time of the conclusion of the contract;

  • in respect of property (not in rem) claims arising out of a labour contract – the law of the state where the labour contract is to be or was performed;

  • in respect of other contracts- the law of the place where the offerer was domiciled or had its seat at the time of the acceptance of the offer.

Article 21

The law exclusively governing contracts concerning immovables is the law of the state on the territory of which the real property is situated.

Article 22

Unless the contracting parties have otherwise agreed, in their relations also the law of Article 20 of this Act is to be applied to:

  • p. 3000the determination of the moment from which the acquirer of movable property has a right to its products and fruits;

  • the determination of the moment from which the acquirer bears the risk of the property.

Article 23

Unless the contracting parties have otherwise agreed, the law of the place where movables must be handed over shall be applied to the means of trnasfer of the movable property and the measures to be taken if recept of the movable property is refused.

Article 24

In respect of the effect of the cession of a right or the assignment of a debt to a debtor or a creditor who have not participated in the cession or the assignment, the law which is applicable to the claim or the debt shall be applied.

Article 25

Unless otherwise provided, the law governing an accessory legal transaction shall be the law applicable to the principal legal transaction.

Article 26

The law governing a unilateral legal transaction is the law of the state of the debtor’s domicile or seat.

Article 27

  • The law governing enrichment without cause is the law which is applicable to the legal relation which arose, was expected or was supposed to arise, in pursuance whereof the enrichment took place.

  • The law governing negotiorum gestio is the law of the place where the act of the negotiorum gestor was performed.

  • The law governing the obligations arising from the use of property without negotiorum gestio as well other non-contractual obligations which do not result from tortious liability is the law of the place where the facts have occurred that have created the obligation.

Article 28

  • Unless otherwise provided for individual cases, the law governing tortious liability is the law of the place where the act has been performed or the law of the place where the consequences have occurred, depending on which is most favourable for the injured party.

  • The law referred to in paragraph 1 of this Article shall be applied also to the tortious liability which has arisen in connection with the legal relations of Article 27 of this Act.

  • The law governing the unlawful character of an act is the law of the place where the act was performed or its consequences have occurred, and if the act was performed or the consequences have occurred at more than one place — it is suffiecient that the act is unlawful according to the law of any of those places.

Article 29

If an event from which liability for damages results has occurred on a ship on the high seas or on an airplane, the law of the state of the nationality of the ship or the law of the state where the airplane was registered is considered as the law of the place where the acts have occurred which have created the liability for damages.p. 3001

Article 30

  • The law governing succession is the law of the state of which the deceased was a citizen at the date of his death.

  • The law governing capacity to execute a will is the law of the state of the nationality of the testator at the moment the will was drawn up.

Article 31

  • A will is formally valid in law if it is valid according to:

    • the law of the place where the will has been drawn up, or

    • the law of the state of which the testator was a citizen whether at the date of the execution of the will or at his death, or

    • the law of the testator’s domicile whether at the date of the execution of the will or at his death, or

    • the law of the testator’s residence whether at the date of the execution of the will or at his death, or

    • the law of the SFRY, or

    • in respect of immovables — also the law of the place where the immovable

    • is situated.

  • 2-2. The revocation of a will is formally valic in law if it is formally valid according to any law by which, in accordance with the provisions of paragraph 1 of this Act, the will could be validly drawn up.

Article 32

  • The law governing the conditions under which a marriage may be entered into is, for each person, the law of the state of which he is a citizen at the date the marriage is entered into.

  • Even when the conditions to enter into a marriage are fulfilled according to the law of the state, of which the person who wants to enter into a marriage before the competent organ of the SFRY is a citizen, the marriage shall not be allowed if, with respect to that person, there is, according to the law of the SFRY, an impediment which relates to the existence of an earlier marriage, kinship or mental incapacity.

Article 33

The law governing the formal requirement of a marriage is the law of the place where the marriage is entered into.

Article 34

The law governing the invalidity of a marriage (non-existence and nullity) is any law according to which the marriage was entered into within the meaning of Article 32 of this Act.

Article 35

  • The law governing divorce is the law of the state of which both spouses are citizens at the time the suit is instituted.

  • If spouses are citizens of different states at the time the suit is instituted, the governing law is cumulatively the law of the states of which each is a citizen.

  • If a marriage cannot be dissolved by virtue of the law determined in paragraph 2 of this Article, the law governing divorce is the law of the SFRY if one of the spouses was domiciled in the SFRY at the time the suit was instituted.

  • If one of the spouses is a citizen of the SFRY who is not domiciled in the SFRY and the marriage could not be dissolved by virtue of the law determined in paragraph 2 of this Article, the law governing divorce is the law of the SFRY.p. 3002

Article 36

  • The law governing the personal relations and statutory matrimonial property regime of spouses is the law of the state of which they are citizens.

  • If the spouses are citizens of different states the law of the state where they are domiciled shall be applied.

  • If the spouses have neither a common nationality nor domicile in the same state, the law of the state where they had a last common domicile shall be applied.

  • If the applicable law cannot be determined in accordance with paragraphs 1–3 of this Article, the law of the SFRY shall be applied.

Article 37

  • The law governing a matrimonial property contract is the law which governed the personal relations and statutory matrimonial property regime at the time the marriage was entered into.

  • If the law referred to in paragraph 1 of this Article provides that spouses may choose the law governing the matrimonial property contract, the law that they have chosen is to applied.

Article 38

  • If a marriage is invalid or has ceased to exist, the law governing personal relations and statutory matrimonial property regime is the law referred to in Article 36 of this Act.

  • In the cases mentioned in Article 36 of this Act the law governing a matrimonial property contract is the law in Article 37 of this Act.

Article 39

  • The law go:verning the property relations of persons who live in cohabitation without form of marriage is the law of the state of which they are citizens.

  • lf the persons referred to in paragraph 1 of this Article do not have the same nationality, the law of the state where they have their common domicile is to be applied.

  • The law governing the contractual property relations between persons who live in cohabitation without form of marriage is the law governing their property relations at the time the contract is concluded.

Article 40

  • The law governing the relations between parents and children is the law of the state of which they are citizens.

  • If the parents and children are citizens of different states, the law of the state where they all are domiciled is the applicable law.

  • If the parents and children are citizens of different states, and they are not domiciled in the same state, the law of the SFRY is the applicable law if the child or any parent is a citizen of the SFRY.

  • The law governing the relations between parents and children that have not been provided for in paragraphs 1–3 of this Article is the law of the state of which the child is a citizen.

Article 41

The law governing the recognition, determination or contestation of paternity or maternity is the law of the state of which, at the time the child was born, the person whose paternity or maternity is recognized, determined or contested was a citizen.p. 3003

Article 42

The law governing the duty of maintenance between blood-relatives, other than parents and children, or the duty of maintenance of other persons related by affinity or consanguinity is the law of the state of which the relative from whom maintenance is claimed is a citizen.

Article 43

  • The law governing legitimation is the law of the state of which the parents are not citizens of the same state – the law of the state of that parent according to which legitimation is valid.

  • If according to the law referred to in paragraph 1 of this Article the conditions for legitimation are not fulfilled, and the parents and child are domiciled in the SFRY, the applicable law is the law of the SFRY.

  • The law governing the consent of a child, other person or state organ to Iegitimation is the law of the state of which the child is a citizen.

Article 44

  • The law governing the conditions for adoption and its termination is the law of the state of which the adopting and the adopted person are citizens.

  • If the adopting and the adopted person are citizens of different states, the law governing the conditions for adoption and its termination is cumulatively the law of the states of which each is a citizen.

  • If spouses adopt together, the laws governing the conditions for adoption and its termination are, besides the law of the state of which the adopted person is a citizen, the laws of the states of which each parent is a citizen.

  • The law governing the -formal requirements for adoption is the law of the place where the adoption takes place.

Article 45

  • The law governing the effect of adoption is the law of the state of which the adopting and the adopted persons are citizens at the time the adoption takes place.

  • If the adopting and the adopted persons are citizens of different states the law of the state where they are domiciled is the applicable law.

  • If the adopting and the adopted persons are citizens of different states, and are not domiciled in the same state, the law of the SFRY is the applicable law if one of them is a citizen of the SFRY.

  • If neither the adopting nor the adopted person is a citizen of the SFRY, the applicable law is the law of the state of which the adopted person is a citizen.

Chapter III Jurisdiction and procedure

  • The competence of the courts and other argans of the SFRY in matters with an international element

Article 46

  • The court of the SFRY has jurisdiction if the defendant is domiciled or has its seat in the SFRY.

  • If the defendant is domiciled neither in the SFRY nor in any other state, the court of the SFRY has jurisdiction if the defendant is resident in the SFRY.

  • If the litigants are citizens of the SFRY, the court of the SFRY has jurisdiction also when the defendant is resident in the SFRY.

  • p. 3004If there is more than one ‘material’ defendant, the court of the SFRY has jurisdiction also when one of the defendants is domiciled or has its seat in the SFRY.

  • When a dispute is resolved in nonlitigious proceedings, the court of the SFRY has jurisdiction if the person against whom the claim is brought is domiciled or has its seat in the SFRY, and when only one person takes part in the proceedings – if that person is domiciled or has its seat in the SFRY, unless it is otherwise provided by this Act.

Article 47

The court of the SFRY has exclusive jurisdiction when that is expressly determined by this or another federal Act.

Article 48

lf in a foreign state a foreign court has jurisdiction in proceedings against citizens of the SFRY according to criteria concerning jurisdiction which do not exist in the provisions concerning the jurisdiction of the court of the SFRY, those criteria shall be applicable to the existence of the jurisdiction of the court of the SFRY in disputes in which the defendant is a citizen of that foreign state.

Article 49

  • The parties may agree on the jurisdiction of a foreign court only if at least one of them is a foreign citizen or a legal person with its seat abroad and the disputein question is not a dispute in respect of which, according to the provisions of this or another federal Act, the court of the SFRY has exclusive jurisdiction.

  • The parties may agree on the jurisdiction of the court of the SFRY if at least one party is a citizen of the SFRY or a legal person with its seat in the SFRY.

  • The provisions of paragraphs 1 and 2 of this Article do not apply to jurisdiction concerning the matters contained in Articles 61–70 of this Act.

Article 50

When the jurisdiction of the court of the SFRY depends on the defendant’s consent, the defendant is considered to have given bis consent by entering a plea or objecting to an order of payment, without contesting the jurisdiction.

Article 51

  • When by the provisions of this Act the jurisdiction of the court of the SFRY is determined on the presumption that a litigant is a citizen of the SFRY, it also has jurisdiction in res pect of stateless persons who are domiciled in the SFRY.

  • Paragraph 1 of this Article is applicable to the jurisdiction of other organs of the SFRY in like manner.

Article 52

In respect of proceedings against citizens of the SFRY who live abroad, where they have been sent on duty or to work by a state organ, an organization of associated labour or other social legal person, the court of the SFRY has jurisdiction if they were domiciled in the SFRY.p. 3005

Article 53

  • As regards proceedings for tortuous liability the court of the SFRY has jurisdiction if that jurisdiction exists by virtue of the provisions of Article 46 and Articles 50–52 of this Act or if the darnage has occurred on the territory ofthe SFRY.

  • Paragraph 1 of this Article shall be applied also to proceedings against the insurance cooperative for insurance of property and persons for third-party liability on the basis of the rule of direct liability of that cooperative, and to proceedings involving a right of recourse against debtors on the basis of the liability for damages.

Articles 54

  • As regards proceedings involving property claims which do not concem rights in rem the court of the SFRY has jurisdiction if the property of the defendant or the object for which the proceedings are instituted is situated on the territory of the SFRY.

  • The court of the SFRY also has jurisdiction in respect of proceedings involving obligations whiGh arose at the time the defendant was present in the SFRY.

Article 55

As regards proceedings against a natural or legal person which has its seat abroad in respect of obligations that have arisen in the SFRY or that must be performed on the territory of the SFRY the court of the SFRY has jurisdiction if that person has its representative or agency on the territory of the SFRY or if the seat of the organization of associated labour to which the discharge of business has been entrusted is in the SFRY.

Article 56

The court of the SFRY has exclusive jurisdiction as to proceedings concerning the right of disposition (management) of immovables in social ownership, the right of ownership and other rights in rem to immovables in the ownership of citizens and civil legal persons, proceedings concerning the disturbance of the possession of immovables as weil as those which have arisen out of the lease or rent of immovables, or out of a contract about the use of a house or business premises, if the immovable is situated on the territory of the SFRY.

Article 57

As regards proceedings concerning the disturbance of the possession of movables the court of the SFRY has jurisdiction in accordance with the provisions of Article 46, Articles 50 and 51 of this Act or if the disturbance has occurred on the territory of the SFRY.

Article 58

  • As regards proceedings concerning the right of disposition (management) of and the right to mortgage an airplane, sea-going vessel and inland waterways vessel in social ownership, the right of ownership and other rights to a vessel or airplane in the ownership of citizens and civil legal persons, as weil as contracts of lease in respect of an airplane and vessel, the court of the SFRY also has jurisdiction when the register in which the airplane or vessel was entered is kept on the territory of the SFRY.

  • As regards proceedings concerning the disturbance of the possession of an airplane and vessel referred to in paragraph 1 of this Article the court of the SFRY also has jurisdiction when the. register in which the airplane or vessel was entered is kept on the territory of the SFRY, or when the disturbance has occurred on the territory of the SFRY.p. 3006

Article 59

  • As regards proceedings concerning the matrimonial property regime between spouses in respect of property situated in the SFRY the court of the SFRY also has jurisdiction when the defendant is not domiciled in the SFRY, and the plaintiff was domiciled or resident in the SFRY at the time the suit was instituted.

  • If the greater part of the property is in the SFRY and the other part abroad, the court of the SFRY may only adjudicate as to the property that is abroad in proceedings in which judgment is also given on the property in the SFRY, and only if the defendant agrees that the court of the SFRY gives judgment.

Articles 60

  • The provisions of Articles 59 of this Act do not affect the exclusive jurisdiction of the court of the SFRY in property disputes.

  • The court of the SFRY has jurisdiction in disputes about the matrimonial property regime between spouses in accordance with the provisions of this Act, irrespective of whether the marriage continues or has ceased to exist, or whether it is determined that the marriage does not exist

Article 6l

  • The court of the SFRY also has jurisdiction in proceedings concerning the declaration of existence or nonexistence, the annulment or dissolution of marriage (matrimonial causes) when the defendant is not domiciled in the SFRY:

    • if both spouses are citizens of the SFRY, irrespective of where they are domiciled, or

    • if the plaintiff is a citizen of the SFRY and is domiciled in the SFRY, or

    • if the spouses have had their last domicile in the SFRY, and the plaintiff was domiciled or resident in the SFRY at the time the suit was instituted.

  • If the summoned spouse is a citizen of the SFRY and is domiciled in the SFRY, the court of the SFRY has exclusive jurisdiction.

Article 62

The court of the SFRY also has jurisdiction in the proceedings concerning Article 61 of this Act when the spouses are foreign citizens who have had their last common domicile in the SFRY or when the defendant is domiciled in the SFRY, but only when in those cases the defendant agrees that a court of the SFRY may give judgment and if that jurisdiction is admitted by virtue of the rules of the state of which the spouses are citizens.

Article 63

As regards proceedings conceming dissolution of marriage the courts of the SFRY also have jurisdiciton if the plaintiff is a citizen of the SFRY and the law of the state the courts of which would have jurisdiction does not provide for the institution of dissolution of marriage.

Article 64

  • As regards proceedings concerning the determination or contestation of paternity or maternity the court of the SFRY also has jurisdiction when the defendant is not domiciled in the SFRY:

    • if the plaintiff and the defendant are citizens of the SFRY irrespective of where they are domiciled, or

    • if the plaintiff is a citizen of the SFRY and is domiciled in the SFRY.

  • if proceedings have been instituted against a child who is a citizen of the SFRY and is domiciled or resident in the SFRY, the court of the SFRY has exclusive jurisdiction.p. 3007

Article 65

The court of the SFRY also has jurisdiction in proceedings concerning Article 64 of this Act when the parties are foreign citizens if the plaintiff or one of the plaintiffs is domiciled in the SFRY, but only if the defendant agrees that a court of the SFRY may give judgment and if that jurisdiction is admitted by virtue of the rules of the state of which he is a citizen

Article 66

  • The court of the SFRY also has jurisdiction in proceedings concerning the care, upbringing and education of children of whom the parents have the charge, when the defendant is not domiciled in the SFRY, if both spouses are citizens of the SFRY

  • 2.If the defendant and the child are citizens of the SFRY and if both are domiciled in the SFRY, the court of the SFRY has exclusive jurisdiction

  • The provisons of paragraphs 1 and 2 of this Article as well as the provisions of Article 46 of this Act are also accordingly applicable to the determination of the competence of other argans of the SFRY, when they decide on the care, upbringing and education of children of whom the parents have the charge.

Article 67

  • The court of the SFRY also has jurisdiction in proceedings concerning the maintenance of children when the defendant is not domiciled in the SFRY:

    • if the child instituting proceedings is domiciled in the SFRY, of

    • if the p1aintiff and the defendant are citizens of the SFRY irrespective of where they are domiciled, or

    • if the plaintiff is a minor and a citizen of the SFRY

  • The court of the SFRY also has jurisdiction in proceedings concerning maintenance in cases not mentioned in paragraph 1 of this Article when the defendant is not domiciled in the SFRY if the plaintiff is a citizen of the SFRY and is domiciled in the SFRY.

  • The court of the SFRY also has jurisdiction in proceedings concerning maintenance between spouses and between former spouses if the spouses have had their last common domicile in the SFRY and the plaintiff is domiciled in the SFRY at the time of the proceedings and afterwards.

Article 68

The court of the SFRY also has jurisdiction in proceedings concerning maintenance if the defendant has property in the SFRY from which the amintenance may be paid.

Article 69

As to decisions about the deprivation and restoration of parental power, the extension of parental power, the appointment of a parent as trustee in respect of the property of children, the declaration that a child is born of a marriage as well as decisions about other matters that relate to the personal status and relations between parents and children, the court of the SFRY has jurisdiction also when the conditions of Article 46 paragraph 4 of this Act do not exist, if the applicant and the person against whom the suit is instituted are citizens of the SFRY or when only one person participates in the proceedings if that person is a citizen of the SFRY.

Article 70

  • The court of the SFRY may give consent to the applicant to enter into a marriage if the applicant is a citizen of the SFRY or if one of the applicants is a citizen of the SFRY, irrespective of where the persans who wish to enter into marriage are domiciled.

  • p. 3008The court of the SFRY has exclusive jurisdiction if the minor who asks consent ot enter into a marriage is a citizen of the SFRY or if both persons who wish to enter into marriage are citizen of the SFRY or if both persans who wish to enter into marriage are

Article 71

  • As to the administration of the immovable property of a deceased citizen of the SFRY the court of the SFRY has exclusive jurisdiction if that immovable property is situated in the SFRY.

  • If the immovable property of a deceased citizen of the SFRY is situated abroad, the court of the SFRY only has jurisdiction if according to the law of the state where the immovable property is situated its organ does not have jurisdiction.

  • The court of the SFRY has jurisdiction as to the administration of the movable property of a deceased citizen of the SFRY if the movable property is situated on the territory of the SFRY of if according to the law of the state where the movable property is situated a foreign organ is not competent or’ if that organ refuses to administer the property.

  • Paragraphs 1–3 of this Article also apply to jurisdiction in proceedings concerning succession and claims of creditors in respect of an estate.

Article 72

  • As to the administration of the immovable property of a deceased allen the court of the SFRY has exclusive jurisdiction if the immovable property is situated in the SFRY.

  • As to the administration of the movable property of a deceased alien which is situated in the SFRY the court of the SFRY has jurisdiction, except if in the state of the deceased alien the court has no jurisdiction as to the administration of the movable property of a citizen of the SFRY.

  • Paragraphs 1 and 2 of this Act also apply to jurisdiction in proceedings concerning succession and claims of creditors in respect of an estate.

  • When the court of the SFRY has no jurisdiction as to the administration of the estate of a deceased alien, the court may decide on measures to safeguard the estate as well as for the protection of the right to an estate which is in the SFRY.

Article 73

  • As to the administration of the immovable property of a deceased stateless person, a person whose nationality cannot be determined or a person who has the status of refugee, the court of the SFRY has.exclusive jurisdiction if the immovable property is situated on. the territory of the SFRY.

  • As to the administration of the movable property of a deceased stateless person, a person whose nationality cannot be determined or a person who has the status of refugee, the court of the SFRY has jurisdiction if the movable property is situated in the SFRY or if the deceased person was domiciled at the date of his death in the SFRY.

  • Paragraphs 1 and 2 of this Act also app1y to jurisdiction in proceedings concerning succession in claims of creditors in respect of an estate.

  • If the deceased person was not domiciled in the SFRY, the provisions governing the administration of the estate of a deceased alien are to be applied accordingly, by foreign state being understood the state where the deceased person was domiciled at the date of his death.

Article 74

  • The organ of the SFRY has exclusive jurisdiction to decide on the adoption as well as the termination of adoption of a person who is a citizen of the SFRY and is domiciled in the SFRY.

  • The organ of the SFRY has jurisdiction to decide on adoption as well as its termination if the adopting person is a citizen of the SFRY and is domiciled in the SFRY.

  • p. 3009When spouses adopt together, it is sufficient for the jurisdiction of the organ of the SFRY that one of the spouses is a citizen of the SFRY and is domiciled in the SFRY.

Article 75

The organ of the SFRY has exclusive jurisdiction in cases of guardianship over citizens of the SFRY irrespective of where they are domiciled, unless otherwise provided by this Act.

Article 76

The organ of the SFRY shall not take decisions and provide measures in cases concerning the guardianship of citizens of the SFRY who are domiciled abroad if they establish that the organ which has jurisdiction according to the law of a foreign state has taken a decision and provided measures by which the protection of the person, rights and interests of the citizens of the SFRY have been secured.

Article 77

  • The organ of the SFRY shall take the necessary provisional measures for the protection of the person, rights and interests of an allen who is or has property in the SFRY, about which they shall inform the organ of the state of which that person is a citizen.

  • The organ of the SFRY shall take decisions and measures in cases concerning the guardianship of an allen who is domiciled in the SFRY if the protection of his person, rights and interests has not been secured by the organ of the state of which he is a citizen.

Article 78

  • The court of the SFRY has exclusive jurisdiction as to the declaration of death of a citizen of the SFRY who has disappeared irrespective of where he was domiciled.

  • Before the court of the SFRY the death of an allen who died on the territory of the SFRY may be proved according to the law of the SFRY.

2. Other provisions

Article 79

  • The law governing the capacity of a natural person tobe a litigant and to act in proceedings is the law of the state of which he is a citizen.

  • If an allen is not capable to act in the proceedings as provided by paragraph 1 of this Article, but is capable to act according to the law of the SFRY, he may carry on proceedings himself. ·

  • The legal representative of an allen referred to in paragraph 2 of this Article may carry on proceedings himself as long as that allen does not declare that he takes over the further conduct of the action himself.

  • The law governing capacity to be a litigant of a foreign legal person is the law referred to in Article 17 of this Act.

Article 80

  • The court of the SFRY shall suspend proceedings on the application of a party if proceedings are pending before a foreign court in the same case and between the same parties, i.e.:

    • if the proceedings in connection with that case were first instituted before the foreign court;

    • if the court of the SFRY has no exclusive jurisdiction to give judgment on the disputein question;

    • if reciprocity exists.

    p. 3010

Article 81

As to the determination of the jurisdiction of the court of the SFRY the facts that exist at the moment the proceedings start, are decisive.

Article 82

  • If an allen or stateless person who is not domiciled in the SFRY institutes proceedings before a court of the SFRY, he is obliged, at the defendant’s request, to deposit security for costs.

  • The defendant is obliged to make the request referred to in paragraph 1 of this Article not later than during the preparatory session of the court in chambers, and if a session in chambers has not been held – at the first hearing on the merits before he enters a plea or as soon as he has learned that there are grounds for the asking of a security.

  • The security for costs is given in money, but the court may approve that the security also is given in another suitable form.

Article 83

  • The defendant has no right to security for costs:

    • if in the state of which the plaintiff is a citizen citizens of the SFRY are not obliged to deposit security for costs;

    • if the plaintiff enjoys the right of asylum in the SFRY;

    • if the proceedings relate to a claim of the defendant arising out of his contract of employment in the SFRY;

    • if proceedings between spouses or disptites about the determination or contestation of paternity or maternity are concerned as weil as if maintenance is concerned;

    • if proceedings in respect of bills of exchange or cheques, counterclaims or the issuance of orders of payment are concerned.

  • If there is a doubt whether citizens of the SFRY, in the sense of point 1 of paragraph 1 of this Article, are obliged to deposit security for costs in the state of which the plaintiff is a citizen, the federal organ for the administration of justice shall furnish an explanation.

Article 84

  • The court shall determine the amount of the security for costs and the period within which it must be deposited, in the decision by which the request for the security for costs is allowed, and it shall point out to the plaintiff the consequences provided for by law if it shall not be shown that the security for costs has been deposited within the specified period.

  • If the plaintiff does not show within the specified period that he has deposited security for costs, it shall be. considered that the claim has been withdrawn or that the plaintiff has waived his legal remedy if the request for the security for costs was made only during the proceedings in pursuance of the legal remedy.

  • The defendant who in time has entered his request that the plaintiff deposits security for costs is not obliged to continue the proceedings on the merits as long as no final and binding decision is given on whether the request will be allowed – as long as the plaintiff does not deposit security for costs.

  • If the court dismisses the request for depositing security for costs, it may decide that the proceedirigs continue even before the decision on dismissal becomes final and binding.

Article 85

  • Aliens have the right to exemption from the payment of costs of litigation on the condition of reciprocity.

  • If there is a doubt as to the existence of reciprocity, the federal organ for the administration of justice snall furnish an explanation in respect of exemption from the payment of costs of litigation.

  • p. 3011The reciprocity referred to in paragraph 1 of this Article is not a condition for the realization of the right to exemption from the payment of costs of litigation, if the allen is domiciled in the SFRY.

  • A stateless person has the right to exemption from the payment of costs of litigation if he is domiciled or resident in the SFRY.

Chapter IV The recognition and execution of foreign decisions

1. The recognition and execution of foreign judicial decisions

Article 86

  • A foreign judicial decision becomes equal to a decision of the court of the SFRY and has legal effect in the SFRY only if it has been recognized by the court of the SFRY.

  • A settlement entered into before a court is also considered as a foreign judicial decision in accordance with paragraph 1 of this Article.

  • The decision of another organ which in the state where it has been rendered is considered as equal to a judicial decision or settlement; is also considered as a foreign judicial decision if it regulates the relations referred to in Article 1 of this Act.

Article 87

A foreign judicial decision shall be recognized if the applicant for recognition has submitted besides that decision has submitted also a certificate of the competent foreign court or other organ certifying that the decision is final and binding according to the law of the state where it was rendered.

Article 88

  • The court of the SFRY shall refuse recognition of a foreign judicial decision if in pursuance of an o bjection of the person against whom that decision was rendered it finds that. that person could not take part in the proceedings because of an irregularity.

  • In particular, the person against wfiom the foreign judicial decision was rendered shall be considered to have been unable to take part in the proceedings if any summons, writ or decision by which the proceedings were started had not been served upon to him personally or that no such service had been attempted, unless he has in any way entered into the proceedings on the merits at first instance.

Article 89

  • A foreign judicial decision shall not be recognized if a court or other organ of the SFRY has exclusive jurisdiction in that case.

  • lf a defendant applies for the recognition of a foreign judicial decision that was rendered in a matrimonial cause or if the plaintiff applies for it, and the defendant does not make an objection thereto, the exclusive jurisdiction of the court of the SFRY is no obstacle to the recognition of that decision.

Article 90

  • A foreign judicial decision shall not be recognized if in the same case a court or other organ of the SFRY has rencered a final and binding decision or if in the SFRY another foreign judicial decision that was rendered in the same case has been recognized.

  • A court shall stay recognition of a foreign judicial decision if before a court of the SFRY earlier instituted proceedings in the same case and between the same parties are pending – until the final and binding termination of those proceedings.p. 3012

Article 91

Foreign judicial decision shall not be recognized if they are contrary to the basic principles of social organization laid down by the Constitution of the SFRY.

Article 92

  • Foreign judicial decisions shall not be recognized if there is no reciprocity.

  • The non-existence of reciprocity is no obstacle to the recognition of a foreign judicial decision rendered in matrimonial causes or in disputes concerning the determination and contestation of paternity or maternity as well as where the recognition or execution of a foreign judicial decision is applied for by a citizen of the SFRY.

  • The existence of reciprocity relating to the recognition of a foreign judicial decision is presumed until the contrary is proved, and where there is a doubt as to the existence of that reciprocity the federal organ for the administration of justice shall furnish an explanation.

Article 93

If on deciding as to the personal status of a citizen of the SFRY in accordance with this Act the law of the SFRY had to be applied, a foreign judicial decision also shall be recognized when foreign law has been applied if that decision does not substantially differ from the law of the SFRY that is applied to such a question.

Article 94

  • Decisions of foreign courts that relate to the personal status of a citizen of that state are recognized in the SFRY without judicial examination as provided for in Articles 89, 91 and 92 of this Act.

  • If the competent organ of the SFRY considers that a foreign judicial decision relates to the personal status of a citizen of the SFRY, such a decision, in order to be recognized, is subject to examination in accordance with Articles 87–92 of this Act.

Article 95

If a foreign judicial decision relates to the personal status of aliens who are not citizens of the state that has rendered that decision, the decision only shall be recognized if it satisfies the conditions for recognition in the state of which those persons are citizens.

Article 96

  • The provisions of Articles 87–92 of this Act apply to the execution of foreign judicial decisions.

  • An applicant for the execution of a foreign judicial decision must submit besides the certificate of Article 87 of this Act, also a certificate that the decision can be executed in accordance with the law of the state where it was rendered.

2. The recognition and execution of foreign arbitral awards

Article 97

  • Arbitral awards that have not been delivered in the SFRY are considered as foreign arbitral awards.

  • Foreign arbitral awards have the nationality of the state where they were delivered.

  • The arbitral awards that have been delivered in the SFRY, whereby the law of a foreign state has been applied as to procedure, are also considered as foreign arbitral awards, if that is not contraty to mandatory rules of the SFRY.

  • p. 3013The foreign arbitral awards referred to in paragraph 3 of this Article have the nationality of the state the law of which has been applied in respect of procedure.

Article 98

  • A foreign arbitral award shall be recognized and executed if the party that applies for recognition and execution has submitted to the court in addition to its application:

    • the original arbitral award or a certified copy of it;

    • the original arbitration agreement or a certified copy of it.

  • If the foreign arbitral award or arbitration agreement or their certified copies have not been worded in the official langnage of the court before which the proceedings for recognition and execution of that award are started, the party that applies for recognition and execution of the award must submit a translation in that langnage which has been made by an authorized person.

Article 99

  • The recognition and execution of a foreign arbitral award shall be refused if it is found:

    • that according to the law of the SFRY the matter in dispute may not be subject to arbitration;

    • that a court or other organ of the SFRY has exclusive jurisdiction;

    • that the recognition or execution of the award would be contrary to the basic principles of social organization laid down by the Constituion of the SFRY;

    • that reciprocity does not exist;

    • that the arbitration agreement has· not been concluded in written form or by an exchange of letters, telegrams or telex messages;

    • that the arbitration agreement is not valid;

    • that the party against whom the recognition and execution of anaward is applied for was not properly informed about the appointment of an arbiter or of the arbitral proceedings, or for any other reason was not enabled to avail hirnself of his rights in the case;

    • that the composition of the court of arbitration or the arbitral procedure have not been in accordance with the provisions of the arbitration agreement;

    • that the court of arbitration has acted beyond the scope of its powers as determined by the arbitration agreement;

    • that the award has not yet become final and executable in respect of the parties or if the award has been annulled or suspended by a competent organ of the state where it has been delivered or of the state on the basis of the law of which it has been delivered;

    • that the part containing the decision on merits in the arbitral award is unintelligible or contradictory.

  • If in a foreign arbitral award the parts that relate to the questions that were subject to arbitration may be separated from the parts in which the court has acted beyond the scope of its powers, the parts of the award in which the court has not acted beyond the scope of its powers may be recognized and executed.

Article 100

If proceedings have been started for the annulment or suspension of a foreign arbitral award before the competent organ referred to in Article 99 para. 10 of this Act, the court may delay its decision on the application for recognition and execution of that award, and on the request of the creditor or debtor, it may make such a decision for delay on condition that the debtor deposits dequate security.p. 3014

3. The procedure of recognition and execution of foreign judicial decisions and arbitral awards

Article 101

  • In respect of the recognition and execution of foreign judicial decisions and arbitral awards the court on the territory of which the proceedings for recognition or execution have to take place has competence.

  • The court shall confine itself to an examination whether the conditions of Article 86–100 of this Act are fulfilled and, if it considers it necessary, it may also request the court that has rendered the decision and the parties to furnish an explanation.

  • The parties may appeal against a decision on the recognition or execution of a decision within 15 days from the day the decision was served (on the parties).

  • The court of second instance shall decide on the appeal against a decision as referred to in paragraph 3 of this Article.

  • If no separate decision has been rendered on the recognition of a foreign judgment, each court may decide during the proceedings on the recognition of that judgment as on a preliminary question, but only with effect to those proceedings.

  • The recognition of the decision of a foreign court in proceedings relating to personal status may be requested by anyone who has a legal interest in it.

Chapter V Special provisions

Article 102

  • Citizens of the SFRY may enter into a marriage abroad before the competent consular representative or diplomatic representative of the SFRY that renders consular services, if the state where the representative of the SFRY is does not make objection thereto or if it is provided by an international agreement.

  • The official who is in charge of the federal executive organ for foreign affairs shall determine the representatives of the SFRY before which marriages may be entered into abroad between citizens of the SFRY.

Article 103

Acts of guardianship with respect to citizens of the SFRY who are abroad are administered by a consular representative or diplomatic representative of the SFRY rendering consular services, if the state where the representative of the SFRY is does not make objection thereto, or if it is provided by an international agreement.

Article 104

A citizen of the SFRY may have a will made abroad, in accordance with the provisions governing the making of a judicial will, by a consular representative or diplomatic representative of the SFRY abroad rendering consular services.

Article 105

  • The consular representatives of the SFRY or the diplomatic representatives of the SFRY abroad rendering consu1ar services may verify signatures, manuscripts and copies in accordance, with international agreements and the rules of the receiving state.

  • The official who is in charge of the federal executive organ for foreign affairs by general act makes detailed provisions for the rendering of the services of paragraph 1 of this Article.p. 3015

Article 106

  • Certificates on the federal, republican and provincial rules which are in force or have been in force in the SFRY are issued for their use before the organs of a foreign state, by the federal organ for the administration of justice.

  • In the certificate referred to in paragraph 1 of this Article are mentioned the name of the act, the date that it was promulgated or when it ceased to be in force and the literal wording of the relevant provisions of that Act.

Chapter VI Transitionaland final provisions

Article 107

The provisions of this Act shall not be applied to relations existing before its entry into force.

Article 108

On the day of the entry into force of this Act the following provisions cease to be in force:

  • Articles 28-3 2, Article 70 paragraph 5, Article 88 paragraph 1, Articles 169–171, Article 178 and Article 188 of the Act of Civil Procedure (Sluzbeni List SFRY, nos. 4/77, 36/77 and 36/80);

  • Articles 16–22 of the Introductory Act to the Act of Civil Procedure (Sluzbeni List SFRJ No 4/57);

  • Article 26 of the Basic Marriage Act (Sluzbeni List SFRJ No 28/65);

  • Article 29 of the Basic Guardianship Act (Sluz beni List SFRJ No 16/65);

  • Articles 187 and 188 of the Succession Act (Sluzbeni List SFRJ No 4 42/65).

Article 109

This Act enters into force on 1 January 1983.

Unofficial translation by Željko Matić, first published in (1983) 30 NILR 220 and reprinted with permission of the Netherlands International Law Review, T.M.C. Asser Instituut, The Hague (Netherlands).