Legal principles of the 1982 PIL Act, and filling the legal gaps in the Conflict of Laws matter in Serbian private international law: A different perspective
Despite the aspiration to comprehensively regulate legal relations, legislators can hardly avoid the occurrence of legal gaps, which may also arise due to the longevity of a statutory act that can no longer properly keep up with the development of a specific area of law. In Serbian Private Internati...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
University of Belgrade, Faculty of Law, Belgrade, Serbia
2024-01-01
|
| Series: | Anali Pravnog Fakulteta u Beogradu |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2024/0003-25652404771M.pdf |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1832098370103017472 |
|---|---|
| author | Marjanović Sanja |
| author_facet | Marjanović Sanja |
| author_sort | Marjanović Sanja |
| collection | DOAJ |
| description | Despite the aspiration to comprehensively regulate legal relations, legislators can hardly avoid the occurrence of legal gaps, which may also arise due to the longevity of a statutory act that can no longer properly keep up with the development of a specific area of law. In Serbian Private International Law, the methods of filling legal gaps are regulated in Article 2 of the 1982 PIL Act, which provides three sets of principles: principles of the Act itself, the principles of the Serbian legal order, and the principles of PIL. However, certain international sources of Serbian PIL have engendered an unusual effect of hierarchical relationship with statutory conflict-of-laws rules, thus generating a different perception of gap-fillers (i.e. nationality principle, weaker party protection). In the paper, the author examines these issues, considering (to some extent) how legal gaps emerge in this branch of law, as well as the limits of characterization. |
| format | Article |
| id | doaj-art-efe5a0a800d14d24a2b7415ac015d49d |
| institution | Kabale University |
| issn | 0003-2565 2406-2693 |
| language | English |
| publishDate | 2024-01-01 |
| publisher | University of Belgrade, Faculty of Law, Belgrade, Serbia |
| record_format | Article |
| series | Anali Pravnog Fakulteta u Beogradu |
| spelling | doaj-art-efe5a0a800d14d24a2b7415ac015d49d2025-02-05T12:18:34ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932024-01-0172477179810.51204/Anali_PFBU_24407A0003-25652404771MLegal principles of the 1982 PIL Act, and filling the legal gaps in the Conflict of Laws matter in Serbian private international law: A different perspectiveMarjanović Sanja0https://orcid.org/0000-0001-7560-8254University of Niš Faculty of Law, Niš, SerbiaDespite the aspiration to comprehensively regulate legal relations, legislators can hardly avoid the occurrence of legal gaps, which may also arise due to the longevity of a statutory act that can no longer properly keep up with the development of a specific area of law. In Serbian Private International Law, the methods of filling legal gaps are regulated in Article 2 of the 1982 PIL Act, which provides three sets of principles: principles of the Act itself, the principles of the Serbian legal order, and the principles of PIL. However, certain international sources of Serbian PIL have engendered an unusual effect of hierarchical relationship with statutory conflict-of-laws rules, thus generating a different perception of gap-fillers (i.e. nationality principle, weaker party protection). In the paper, the author examines these issues, considering (to some extent) how legal gaps emerge in this branch of law, as well as the limits of characterization.https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2024/0003-25652404771M.pdflegal gaps in private international lawlegal principles of the 1982 pil actlegal principles of the serbian legal orderuniversal application of conflict-of-laws rules |
| spellingShingle | Marjanović Sanja Legal principles of the 1982 PIL Act, and filling the legal gaps in the Conflict of Laws matter in Serbian private international law: A different perspective Anali Pravnog Fakulteta u Beogradu legal gaps in private international law legal principles of the 1982 pil act legal principles of the serbian legal order universal application of conflict-of-laws rules |
| title | Legal principles of the 1982 PIL Act, and filling the legal gaps in the Conflict of Laws matter in Serbian private international law: A different perspective |
| title_full | Legal principles of the 1982 PIL Act, and filling the legal gaps in the Conflict of Laws matter in Serbian private international law: A different perspective |
| title_fullStr | Legal principles of the 1982 PIL Act, and filling the legal gaps in the Conflict of Laws matter in Serbian private international law: A different perspective |
| title_full_unstemmed | Legal principles of the 1982 PIL Act, and filling the legal gaps in the Conflict of Laws matter in Serbian private international law: A different perspective |
| title_short | Legal principles of the 1982 PIL Act, and filling the legal gaps in the Conflict of Laws matter in Serbian private international law: A different perspective |
| title_sort | legal principles of the 1982 pil act and filling the legal gaps in the conflict of laws matter in serbian private international law a different perspective |
| topic | legal gaps in private international law legal principles of the 1982 pil act legal principles of the serbian legal order universal application of conflict-of-laws rules |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2024/0003-25652404771M.pdf |
| work_keys_str_mv | AT marjanovicsanja legalprinciplesofthe1982pilactandfillingthelegalgapsintheconflictoflawsmatterinserbianprivateinternationallawadifferentperspective |