Slavko Đorđević, LLD*
SCISSION OF SUCCESSION ESTATE IN THE CONFLCIT OF LAWS CAUSED BY RENVOI AND AVOIDANCE OF CONTRADICTION OF LEGAL NORMS
Summary
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.
Key words: principle of plurality of succession (scission of estate); renvoi; contradiction of legal norms; adaptation.