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Conflict of Laws Conventions and their Reception in National Legal Systems: The Croatian National Report

This paper is written as the Croatian National Report for the Intermediary Conference of the International Academy of Comparative Law on the topic of the conflict of laws conventions and their reception in national legal systems. It is beyond doubt that international unification efforts often inspire national legislators and vice versa. The same is true for the field of private international law. One of the certainly most influential set of international instruments is the body of conventions concluded under the auspices of the Hague Conference on Private International Law. Hence, the analysis here focuses on the Hague conventions, in particular those to which the Republic of Croatia is a party. On the other hand, the CIDIP conventions, also at the attention of the General Report, are per se not relevant to Croatia ; therefore they are not addressed in this Report. At the outset, this Report offers information on the status of the individual Hague conventions in the Republic of Croatia, as well as discusses the Croatian participation at the sessions organised by the Hague Conference. The next chapter deals with the interrelation at the substantive level between the conflicts conventions and domestic conflicts law, and attempts to identify the patterns in which the Hague conventions influence Croatian domestic conflicts rules. Further scrutinized is the issue of potential divergences between conflicts conventions and domestic law which, if they arise, are ordinarily resolved by virtue of the hierarchical order of legal instruments in the legal system in question. The final chapter is dedicated to a detailed analysis of the ways in which the Hague conventions are implemented in Croatia, as well as the ways in which they are applied in Croatian case law, with specific emphasis put on the child abduction cases.

private international law; Hague conventions; child abduction; Croatia

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