Slavko Đorđević*

PERFORMING NOTARIAL DUTIES IN THE PROCESS OF CONCLUSION OF MARITAL AGREEMENT WITH FOREIGN ELEMENT - A FEW REMARKS FROM THE VIEW OF PRIVATE INTERNATIONAL LAW

Summary

When a marital agreement contains foreign element, Serbian notary has to deterimine the law applicable to its formal and substantive issues in accordance to which their notarial duties regarding the conclusion of this agreement need to be performed. Having this in mind, the paper deals with the determination of the law applicable to marital agreement by notary who performs their duties in that regard, whereas the special attention is given to the provisions on renvoi and ordre public which also need to be applied or considered by notary in the process of determining applicable law.

Key words: notary public, marital agreement with foreign element; determination of applicable law; renvoi; ordre public.

 

 


 



* Full-time Professor, Faculty of Law, University of Krgujevac.