Private International Law

Abstract

The ability of a Slovene citizen to migrate from Slovenia to Australia or vice versa and engage with citizens in private activities is regulated by both states. Private International Law helps facilitate those private activities of a citizen such as marriage and divorce across international borders. This chapter demonstrates that citizenship is not the deciding factor when determining the choice of law and jurisdiction in private activities. It will also demonstrate how both jurisdictions have applied the legal principles of citizenship, residence and location (country) in private international law (marriage, divorce, paternity or maternity, maintenance, parental responsibility, international adoption, matrimonial property [immovable and common assets], inheritance and superannuation). Slovenia’s Private International Law and Procedures Act (PIL Act) provides the basis for determining the choice of laws and jurisdiction in private activities. Australia does not have equivalent legislation and that responsibility rests with the judiciary. This chapter does not examine the procedural laws or the dispositive and indicative (Dispositive laws describe the rules of law which determine the rules (national or domestic) that are applied in a matter. The indicative rules identify the legal system, and in this case it could be either the civil law or common law of either Slovenia or Australia) rules to ascertain the governing law.