Characterization of Family Name upon Marriage in Private International Law

Abstract

This article is an examination of the issues characterization in private international law. It provides a comparative overview of the current situation in the EU Private International Law and in the Macedonian Private International Law. The fundamental importance of characterization in private international law is derived from the postulate that characterization controls the solution of the conflict of laws. When a court has to determine the law applicable to a factual situation, it must first place the specific action into its correct legal category before selecting the applicable law.