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International Family Law

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What is international family law?

Family Law office of Marija Sara N. Jovanovic provides legal assistance and advice in the field of family relations with foreign elements.

There are three manifestations of the foreign elements:

  • It appears in the subject based on the fact of citizenship, domicile and residence of persons entering into a certain private legal relationship (eg spouses do not have citizenship of the same country, foreign citizens appear as potential adoptive parents).
  • In the object, the foreign element appears on the basis of the location of the thing and on the basis of the belonging of the thing (for example, the common property of the spouses is located abroad).
  • A foreign element in rights and obligations arises if the origin or fulfillment of rights and obligations are marked abroad. (eg there is a decision of a foreign court/administrative body that needs to be executed in the Republic of Serbia).

The basic legal source is the Law on the Resolution of Conflicts of Laws with the Regulations of Other Countries. This law contains rules – conflict norms that determine the so-called applicable law. A conflict of laws norm is such a norm that indicates that domestic or foreign law should be applied to a legal relationship with a foreign element, i.e. determines which law will be applicable.

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