Marković-Bajalović, Dijana (2013) Sukob zakona o privrednim društvima. Правни живот : лист за правна питања и праксу, 62 (565/11). pp. 143-158. ISSN 0350-0500
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For a long time, the issue of conflict of company laws has been at the edge of interest of legal theory and practice in the ex-Yugoslav republics. However, it has attained importance during the last decade, when the economic relations among states in the West Balkan region has developed and companies have started to set up their branch offices and subsidiaries in the teritory of neighbouring states. That practice necessarily raised the issue of the law applicable to the legal status of companies. In this article, author concentrates to the problem of conflict of company laws in Serbia. At the outset, the author analyses the European legal theory and practice, elaborating concurring theories – the foundation and the seat theory. Next, the author explains the European Court of Justice`s contribution to the predominance of the foundation theory. The Court of Justice issued several decisions, important for the realization of the principle of free movement of companies in the EU, which practically abolished the seat theory. The ex-Yugoslav Law on Conflict of Laws still represents the only source of international private law in Serbia. The law gives advantage to the seat theory. Serbia and BH signed the association and stabilisation agreements with the EU and its member states. The SAA represents lex specialis to the Law on Conflict of Laws, oblige signatories to apply the foundation theory. Serbian company law also precludes the application of the seat theory to pseudo-foreign companies. SAA and company law restrict the possibility for the application of the seat theory in Serbian law. That is the main argument for the author to propose complete abandonement of the seat theory and selection of the registered seat of the company as the only connection point in the future private international law of Serbia.
| Item Type: | Article |
|---|---|
| Additional Information: | COBISS.SR-ID 516308412 |
| Uncontrolled Keywords: | Pravo privrednih društava -- Sukob zakona |
| Subjects: | Law (General) |
| Depositing User: | Mr Stanko Kovačić |
| Date Deposited: | 21 Dec 2023 11:36 |
| Last Modified: | 28 Dec 2023 10:35 |
| URI: | http://repozitorijum.pravnifakultet.edu.rs/id/eprint/770 |
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