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Pravna fakulteta, Ljubljana (PRFLJ)
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  • Razvoj evropskog građanskog procesnog prava i njegov uticaj na nacionalno pravo država članica EU
    Galič, Aleš
    The author presents an overview of the Brussels I Regulation (Regulation No. 44/2001) as the most important source of European civil procedural law. Both the principles, on which the regulation is ... based, as well as main rules on jurisdiction and recognition and enforcement are presented. Attention is drawn to the case law of the ECJ, which forms an integral part of the system of Regulation. The Brussels Regulation does not substitute domestic laws, regulating jurisdiction and recognition and enforcement of foreign judgments in the EV member states. Therefore there is no need that domestic private international law in the candidate states should be ,,harmonized" with the Regulation as well. There exist namely two parallel systems -the Brussels regulation is applicable in order to determine international jurisdiction in disputes against a defendant domiciled in a EU member state (if it falls within the scope of applicability ratione materiae as well) and for recognition and enforcement of judgments rendered by courts in other EU member states. For other cases domestic laws are still applicable. It would not even be reasonable to adopt same rules, which apply for cases with an EU dimension, to apply also for cases concerning relation with ,,third states". Nevertheless, there is no doubt that the Brussels Regulation, may in many respects serve as a model for reforming national laws on international jurisdiction and recognition and enforcement of foreign judgments. It is also benefitial if the judge does not need to deal with two entirely different systems - concerning both substance as well as procedure - one for the EU context and one for the relations to defendants and judgments from the third states.
    Vir: Aktuelne tendencije u razvoju i primeni evropskog kontinentalnog prava : tematski zbornik radova = The Current Tendencies in the Development and Application of the European-Continental Law : Thematic Collection of Papers. Sv. 2. = Vol. 2 (Str. 79-98)
    Vrsta gradiva - prispevek na konferenci
    Leto - 2010
    Jezik - srbski
    COBISS.SI-ID - 11052113

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