This paper deals with certain issues of private international law that Serbian notaries public must resolve when performing notarial duties in the process of the conclusion of a contract whose subject matter is the acquisition of rights in REM in immovable property located abroad. The author first deals with the question of whether Serbian notaries public have international jurisdiction to perform notarial duties with regard to these contracts. After that and bearing in mind that the governing law for these contracts is, pursuant to Art. 21 of Serbian Private International Law Act (SPILA), the law of the foreign state in which the immovable property is located, the author tries to clarify whether the notary public applies the rules of this applicable foreign law on the form of the contract or must comply with lex fori (domestic) rules on the form (which are, from the point of view of Serbian notaries public, of procedural nature). Finally, the author explains how, from the point of view of private international law, the notary public should proceed when concluding the contracts on exchange of two immovables, one of which is located in Serbia and the other in a foreign country, given that in such case the conflict-of-law rule of Art. 21 SPILA refers to two applicable laws - Serbian (domestic) law and foreign law.
Pursuant to Art. 110a of Non-Litigious Proceedings Act, the court can
decide to delegate the conducting of the succession non-litigious
proceedings to the notary public, but only if Serbian law is applicable
to the succession. In this paper author explains in which cases the
condition with regard to the applicability of Serbian law has been
fulfilled as well as whether the notary public can decide on some other
conflict-of-law issues which can arise in delegated proceedings.
Bearing this in mind, author deals with application of conflict-of-law
rules for succession contained in Art. 30 and 31 of Serbian Private
International Law Act in order to clarify in which situations Serbian
law is applicable to all succession law issues. After that, author
analyses whether notary public can decide on some procedural issues
with foreign element, such as the international jurisdiction, the
capacity of a person to be a party and to act independently in the
proceedings, lis alibi pendes and preliminary recognition of foreign
court decision.
In Serbian private international law the so called scission of succession estate and application of several national laws to the different parts of deceased’s estate may be caused by renvoi (Art. 6 Serbian PIL Act). It may particularly happen when the conflict rule on succession of Art. 30 Serbian PIL Act refers to the foreign law whose conflict of law rules accept the concept of plurality of succession (scission of estate) which implies application of lex rei sitae to immovable property and application of personal law of deceased to movable property. In this paper author analyses the phenomena of scission of estate and institute of renovi by which scission could be caused, deals with the problem of contradictions of legal norms which arises as a consequence of application of two or more succession statutes and explains how these contradictions may be avoided by using the adaptation method of private international law.
In this paper author shortly reviews key provisions of Proposal for a Regulation on Liability for the Operation of Artificial Intelligence which was adopted on 20 October 2020 by European Parliament. The attention is given to the provisions which provide the definition of AI systems and their operators and regulate civil liability regimes for operators (strict liability for high-risk AI systems and fault-based liability for other AI systems), amount and extent of compensation, limitation period as well as the relationship between the proposed Regulation, on one side, and other EU legal acts (especially Product Liability Directive 85/374/EEC) and national laws of Member States, on the other side.
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