Merodavno pravo za ugovor o distribuciji u međunarodnom privatnom pravu Srbije

Abstract

In this paper author analyses the conflict-of-law regime for cross-border distribution contracts in Serbian private international law. The study begins with the characterisation of distribution contract and its delimitation form other similar contracts in Serbian legal system, such as a sale contract, franchising contract and agency contract. It continues with the analysis of conflict-of-law rules of Serbian PIL Act which have to be applied to distribution contract, where the attention is given to the choice of law rule of Art. 19 of Serbian PIL Act and to the hard conflict-of law rule for innominate contracts contained in Art. 20 point 20 of Serbian PIL Act which may be derogated by special escape clause (Art. 20 sentence 1 of Serbian PIL Act). This hard conflict-of-law rule is heavily criticised because it deviates from the principle of characteristic performance which has been established in hard conflict- of-law rules of Art. 20 point 1-19 that apply to nominate contracts. Finally, author analyses the issue of determining applicable law for formal validity of distribution contract as well as the application of overriding mandatory rules which directly affect the cross-border distribution contracts.