Modernizing international maintenance obligations in Serbia

Abstract

The paper deals with the modernization of private international law of maintenance in Serbia in the light of the two newest international instruments drawn up by the Hague Conference on Private International Law. As Serbia has ratified the Hague Protocol on the Law Applicable to Maintenance Obligations in January 2013 introducing modern rules to the legal system of Serbia, the issue of ratification of the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance has arisen, in order to modernize this aspect of the international maintenance as well. In order to establish a position on the issue, the paper presents and analyzes the essential provisions of the Convention (scope of application, administrative cooperation, recognition and enforcement of decisions, stricto sensu enforcement). Based on the analyses, the concluding remarks offers some elements on the bases of which the competent authorities could form an opinion on the necessity and desirability of the ratification of the Convention.

Keywords

• maintenance in private international law
• Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance
• administrative cooperation
• recognition and enforcement of decisions
• stricto sensu enforcement