Prorogation of jurisdiction in croatian and european union law

Abstract

Institute of prorogation of jurisdiction is based on party autonomy, where the law authorizes the parties to agree a jurisdiction of a court ratione loci that best suits their needs, of course with fulfillment of the law provided assumptions. According to the rules on prorogation of jurisdiction, jurisdiction of a court ratione loci to decide on a dispute is based on a qualified agreement of the parties that agreed court has jurisdiction ratione loci for dispute resolution, not a court which has jurisdiction ratone loci by the law. The paper presents relevant characteristics of the legal notion prorogation of local jurisdiction in Croatian and European union law. In this paper we are going to consider the following questions: what is the scope of use of the provisions on the Regulations of prorogation, how is its subject matter regulated, and how is the form of prorogation and what are its effects. At the end of the paper we are going to expound some conclusive considerations. The paper also aims to determine the effects of the prorogation agreement and to answer the question of its legal nature.

Keywords

• prorogation of jurisdiction
• European union law
• lis pendens
• special jurisdiction