Issue of special jurisdiction in disputes coming from contractual relationship under the EU and Serbian law

• Published in: Anali Pravnog fakulteta u Beogradu Vol. 62; no. 1; pp. 41 - 61
• Main Author: Petrovic, Milena
• Format: Journal Article
• Language: English
• Published: University of Belgrade, Faculty of Law, Belgrade, Serbia 2014
• Subjects: contractual dispute; contractual obligation; jurisdiction; the place of the performance of the obligations
• ISSN: 0003-2565; 2406-2693
• DOI: 10.5937/AnaliPFB1401041P

Special jurisdiction in matters of contracts is based on the close link between the cause of action and the territory of the court on which the jurisdiction is conferred. This is exception to the general jurisdiction based on defendant's domicile. It is introduced to legal systems with aims to facilitate the sound administration of justice and to make the balance between parties, giving the plaintiff a choice to bring proceedings to a court of his convenience. The structure of special jurisdiction rules contained in Brussels I Regulation is very complex. The general rule disguises more than it reveals at first glance and ought to be read in the light of the previous judgments of the ECJ and special rule is the modernizing element as it introduces an autonomous fact-based concept for the most important categories of contracts. After adoption of the new Serbian Law on International Private Law the rules on special jurisdiction shall be applied in accordance with EU standards, i.e. with ECJ practice.