POVERAVANjE SPROVOĐENjA OSTAVINSKOG POSTUPKA JAVNOM BELEŽNIKU – NEKOLIKO NAPOMENA IZ UGLA MEĐUNARODNOG PRIVATNOG PRAVA

Abstract

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.