Croatian Article on Choice-of-Law and Choice-of-Court Agreements


Davor Babi? has published an article on the choice-of-court and choice-of-law clauses in the cross-border contracts involving immoveables (“Izbor nadležnog suda i mjerodavnog prava u ugovorima o nekretninama s me?unarodnim obilježjem”) in the July edition of the Croatian monthly journal Pravo i porezi, pp. 47-58.

The summary states that the author deals with the contents and limits of party autonomy when prorogating competence of a foreign court or arbitral tribunal, as well as when choosing the applicable law for the contracts concerned with immoveables. Both issues are analyzed, first under the Croatian private international law de lege lata, and then under the unified rules of acquis and quasi-acquis in the field of private international law. The latter is important particularly due to the fact that following the potential Croatian membership in the EU, the analyzed national legal sources would be to a great extent replaced by the European ones.