Postupanje javnog beležnika prilikom zaključenja sporazuma o zakonskom izdržavanju sa elementom inostranosti - nekoliko napomena iz ugla međunarodnog privatnog prava

Abstract

While performing notarial duties in the process of conclusion of maintenance agreement with foreign element, Serbian notary public has to determine the law applicable to this agreement according to which he/she explains to the parties the meaning of this agreement, advises (warns) them about its effects and examines whether this agreement is admissible. Considering that the law applicable to maintenance agreements is to be determined by con ict-of-law rules of the Hague Protocol on the Law Appplicable to Maintenance Obligations of 2007, this paper aims to explain which provisions of this international instrument should be applied and in which manner be interpreted by Serbian notary public, when he/she participates in the conclusion of child support agreement and agreement on spousal maintenance. In addition, the author deals with situations in which parties want to conclude child support agreement before Serbian public notary after the final Serbian or foreign court decision, which determines the amount of maintenance, has been rendered.