REGULATION OF THE INTERNATIONAL DIVORCE AND REGULATION ROME III: EFFECT ON POSITIVE FAMILY LEGISLATION

Abstract

Divorce is now familiar within all European legislations. Regulations regulating divorce issues vary from country to country. Through the stimulation of the free market and ensuring the free movement of people, the European Union has contributed to the more frequent establishment of families with an international element, which at the same time led to an increase in the number of disputes initiated as a result of the termination of marriage. The growth of divorce disputes and a large number of difficulties related to these disputes have affected the increasing interest of the European legislator for the regulation of marital status at the level of the European Union. A number of European Union activities have recently been focused on the harmonization and unification of rules relating to the field of divorce. As the unification of substantive rules of divorce proved very complex, the European lawmaker focused his attention on the unification of conflict of-law rules. In this paper we have analyzed the Rome III Regulation which unifies the conflictual divorce law with a brief overview of the Brussels II bis Regulation that regulates procedure in marital matters and is applied in parallel with the Rome III Regulation. In this paper we gave a brief overview of the most important provisions of the Rome III Regulation, and have determined how and to what extent this regulation contributes to the unification of international rules in this field. Also, we have analyzed possibility of harmonization of Serbia's conflict law regulation in the field of divorce with solutions proposed in Rome III, with a brief overview of proposal for the new law of international private law of Serbia.