INTERNATIONAL JURISDICTION – DILEMMAS OF A SPECIFIC PROCEDURAL ISSUE
International jurisdiction, as a special type of jurisdiction exercised by national courts or other bodies to resolve private law disputes with a foreign element, is activated whenever a relevant foreign element exists in the dispute. This foreign element may either define the civil or commercial l...
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University Business Academy in Novi Sad Faculty of Law for Commerce and Judiciary
2025-04-01
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| Series: | Pravo |
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| Online Access: | https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/880 |
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| author | Jelena Stojsic Dabetic |
| author_facet | Jelena Stojsic Dabetic |
| author_sort | Jelena Stojsic Dabetic |
| collection | DOAJ |
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International jurisdiction, as a special type of jurisdiction exercised by national courts or other bodies to resolve private law disputes with a foreign element, is activated whenever a relevant foreign element exists in the dispute. This foreign element may either define the civil or commercial law relationship or link the dispute to a state, or several states, other than the state of the court. Issues related to international jurisdiction fall under the domain of international civil procedural law, and the applicable procedural rules are outlined in the Law on the Resolution of Conflicts of Laws with the Regulations of Other Countries, the Law on Civil Procedure, and relevant international agreements, depending on the nature of the disputed legal issue. The legal provisions in these two laws, functioning as general (lex generalis) and special (lex specialis) laws, differ primarily in how the principle of perpetuation of jurisdiction is applied. This situation leaves practice and doctrine to provide applicable solutions. This paper will present and analyze doctrinal viewpoints and judicial practice concerning the establishment of international jurisdiction, with the aim of evaluating the proposed solution in the draft of the new Law on Private International Law. The objective of the paper is to further clarify the specific procedural situation in which courts, having established their international jurisdiction, may encounter facts that have changed during the course of the proceedings.
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| format | Article |
| id | doaj-art-316b069ab5ae4fcaabda2ebd53cbc4a4 |
| institution | OA Journals |
| issn | 0352-3713 2683-5711 |
| language | English |
| publishDate | 2025-04-01 |
| publisher | University Business Academy in Novi Sad Faculty of Law for Commerce and Judiciary |
| record_format | Article |
| series | Pravo |
| spelling | doaj-art-316b069ab5ae4fcaabda2ebd53cbc4a42025-08-20T02:11:34ZengUniversity Business Academy in Novi Sad Faculty of Law for Commerce and JudiciaryPravo0352-37132683-57112025-04-0142110.5937/ptp2501077SINTERNATIONAL JURISDICTION – DILEMMAS OF A SPECIFIC PROCEDURAL ISSUEJelena Stojsic Dabetic0University Business Academy in Novi Sad, Faculty of Law for Commerce and Judiciary in Novi Sad, Novi Sad, Serbia International jurisdiction, as a special type of jurisdiction exercised by national courts or other bodies to resolve private law disputes with a foreign element, is activated whenever a relevant foreign element exists in the dispute. This foreign element may either define the civil or commercial law relationship or link the dispute to a state, or several states, other than the state of the court. Issues related to international jurisdiction fall under the domain of international civil procedural law, and the applicable procedural rules are outlined in the Law on the Resolution of Conflicts of Laws with the Regulations of Other Countries, the Law on Civil Procedure, and relevant international agreements, depending on the nature of the disputed legal issue. The legal provisions in these two laws, functioning as general (lex generalis) and special (lex specialis) laws, differ primarily in how the principle of perpetuation of jurisdiction is applied. This situation leaves practice and doctrine to provide applicable solutions. This paper will present and analyze doctrinal viewpoints and judicial practice concerning the establishment of international jurisdiction, with the aim of evaluating the proposed solution in the draft of the new Law on Private International Law. The objective of the paper is to further clarify the specific procedural situation in which courts, having established their international jurisdiction, may encounter facts that have changed during the course of the proceedings. https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/880international jurisdictionestablishment of jurisdictionthe principle of perpetuation of jurisdictionperpetuatio iurisdictionis |
| spellingShingle | Jelena Stojsic Dabetic INTERNATIONAL JURISDICTION – DILEMMAS OF A SPECIFIC PROCEDURAL ISSUE Pravo international jurisdiction establishment of jurisdiction the principle of perpetuation of jurisdiction perpetuatio iurisdictionis |
| title | INTERNATIONAL JURISDICTION – DILEMMAS OF A SPECIFIC PROCEDURAL ISSUE |
| title_full | INTERNATIONAL JURISDICTION – DILEMMAS OF A SPECIFIC PROCEDURAL ISSUE |
| title_fullStr | INTERNATIONAL JURISDICTION – DILEMMAS OF A SPECIFIC PROCEDURAL ISSUE |
| title_full_unstemmed | INTERNATIONAL JURISDICTION – DILEMMAS OF A SPECIFIC PROCEDURAL ISSUE |
| title_short | INTERNATIONAL JURISDICTION – DILEMMAS OF A SPECIFIC PROCEDURAL ISSUE |
| title_sort | international jurisdiction dilemmas of a specific procedural issue |
| topic | international jurisdiction establishment of jurisdiction the principle of perpetuation of jurisdiction perpetuatio iurisdictionis |
| url | https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/880 |
| work_keys_str_mv | AT jelenastojsicdabetic internationaljurisdictiondilemmasofaspecificproceduralissue |