PUNOMOĆJE DATO U INOSTRANSTVU ZA ZAKLjUČENjE UGOVORA O PROMETU NEPOKRETNOSTI KOJA SE NALAZI U DOMAĆOJ DRŽAVI – NEKOLIKO NAPOMENA IZ UGLA MEĐUNARODNOG PRIVATNOG PRAVA SRBIJE I MEĐUNARODNOG PRIVATNOG PRAVA CRNE GORE

Abstract

Serbian and Montenegrin notaries deal very often with documents which were made abroad before foreign notary and in which the authority of an agent for conclusion of contracts for transfer of immovable property located in Serbia/Montenegro was embedded. This paper discusses the issue whether such documents are valid in respect of form (formal validity), since the rules on form of foreign law may differ from those of the laws of Serbia and Montenegro. In order to solve this issue, Serbian/Montenegrin notaries have to determine the law applicable to the form of agency. Considering that the PIL Act of Serbia and the PIL Act of Montenegro contain different conflict-of-law rules on agency and their substantive laws differently regulate the form in which agent’s authority for conclusion of such contracts has to be given, the issue is discussed from the point of view of each country respectively.