Ugovor o ortakluku iz ugla međunarodnog privatnog prava Srbije

Abstract

This article deals with the partnership agreement with a foreign element from the perspective of the private international law of Serbia. The author first gives the general substantive features of this contact and the legal framework in which he can move, in order to deal with the issue of determination of the applicable law to be applied in the event of a dispute as a central issue. Based on the Act concerning the resolution of conficts of laws with the provisions of the other states (ZRSZ), the paper first analyzes the autonomy of the will of the parties and the possibilities that the parties have in the choice of law, and then the objective choice of law rules on the basis of which the court should determine the applicable law. In the analysis of objective choice of law rules, the author joins the criticism of the existing solution which is based on the offeror's place of residence at the time of acceptance of the offer, since it completely deviates from the fundamental principle on which objective choice of law rules for other contracts are based, which follow a completely different logic of confict of law binding and based on the characteristic performance. The paper further discusses deviations from the application of applicable law with special reference to the provisions of direct application, as well as to the governing law for the form of the partnership agreement.