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Immunity of State Property from Execution in the Yugoslav Legal System*

Published online by Cambridge University Press:  07 July 2009

T. Varady
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Extract

There are several situations in which the problem of possible immunity of state property from execution pursuant to decisions of foreign authorities may emerge. This paper will consider these situations when the forum is Yugoslavia, since this might be expected to reveal the position taken in Yugoslav law.

Type
Articles
Information
Netherlands Yearbook of International Law , Volume 10 , December 1979 , pp. 85 - 95
Copyright
Copyright © T.M.C. Asser Press 1979

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References

1. Gaz. No. 43/1950.

2. Goričar, J., “Self-Government in the light of Scientific Socialism”, New Yugoslav Law, 1957, Nos. 2–4 pp. 3–4.Google Scholar

3. Art. 3 Constitutional Law.

4. See the English translation of the Constitution prepared by the Secretariat of the Federal Assembly Information Service, Belgrade 1974.

5. Art. 10 para. 1. See the English translation by the Secretariat of Information of the SFR of Yugoslavia Assembly, Belgrade 1977.

6. The agreements, in fact, do not establish such a lien directly, but state that if such a lien were to be established as security for another external debt, it would automatically be established in favour of the Bank as well.

7. See, e.g., Art. III/c of the Agreement published in the Gaz. No. 4/1977 p. 313.

8. Eisner, B., Medjunarodno privatno pravo (Private International Law) vol. II (Zagreb: Skolska knjiga 1956) pp. 273–274.Google Scholar

9. See on the problem of federal states as subjects of International Law, Andrassy, J., Medjunarodno pravo (International Law) 6th ed. (Zagreb: Skolska knjiga 1976) pp. 91–97Google Scholar; Pajić, Z., “Problem subjektiviteta federalnih jedinica u medjunarodnom pravu” (The Problem of Federal Units as Possible Subjects of International Law), Godisnjak Pravnog fakulteta u Sarajevu (Sarajevo 1977) pp. 157–166.Google Scholar

10. Gaz. No. 20/1978.

11. These requirements are formulated in the 1957 Introductory Law to the Law on Civil Litigation, Gaz. No. 4/1957.

12. E.g., Art. 9 of the Consular Convention concluded with Mongolia, Gaz. No. 10/1967.

13. E.g., Art. 13 of the Consular Convention concluded with Great Britain, Gaz. No. 10/1966.

14. See the Hoge Raad decision in ILM 1975/1 pp. 71–77; the decision of the Cour d'Appel de Paris was reported in the Revue de l'Arbitrage, 1975 pp. 328–342. On the Dutch decision, see Stuyt, A.M., “Misconceptions about International (Commercial) Arbitration”, 5 NYIL (1974) pp. 35–58.CrossRefGoogle Scholar

15. Kafr et Zayat Cotton Co. v. Yugoslavia, quoted in Jezdić, M., Medjunarodno privatno pravo (Private International Law) vol. II (Beograd: Naučna knjiga 1969) p. 160.Google Scholar

16. Jezdić, op.cit., pp. 160–161.

17. See Arts. 188, 190, 192, 196, 208, 209 and 211 of the Law on Enforcement Procedure.

18. Gaz. No. 22/1977.

19. See Art. 6, Sec. 22 of the Law on Marine and Inland Navigation.

20. Gaz. No. 4/1957.

21. Art. 20 of the Introductory Law to the Law on Civil Litigation does not directly mention the property of socio-political communities and organizations of associated labour, but refers to “execution against legal persons mentioned in Art. 455, Sec. 1 of the Code on Civil Litigation”. This may give rise to some problems today, because the 1957 Law on Civil Litigation has been replaced by a new, 1977 version, in which the rules of Art. 455 have been shifted to Art. 489. (While the 1957 Introductory Law remained unchanged). It seems, however, that the only possible interpretation of Art. 20 of the Introductory Law which could make sense, would be the understanding that the referenoe to Art. 455 of the 1957 Law on Civil Litigation is a reference to a norm which is now contained in Art. 489 of the 1977 revised version of the same Law.

22. See Poznić, B., Gradjansko procesno pravo (Civil Procedure) 3rd ed. (Beograd: Savremena administracija 1970) p. 270.Google Scholar

23. Gaz. No. 39/1952.

24. Decision No. Gž - 3642/66 unpublished.