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Fictive marriages

Sandra Winkler orcid id orcid.org/0000-0003-1639-6823 ; Pravni fakultet Sveučilišta u Rijeci, Rijeka, Hrvatska


Puni tekst: hrvatski pdf 645 Kb

str. 497-525

preuzimanja: 3.374

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Sažetak

The purpose of fictive marriages has nothing to do with that of a marital union. Fictive marriages are usually mentioned nowadays because of the fraudulent intention of the spouses to enter into a marriage purely for immigration purposes. Thus, in this paper the author analyses the legal solutions of the domestic Alien’s Act. Nonetheless, every single fictive marriage, independently of the fraudulent intention of specific spouses, is disagreeable. There is no adequate legal solution in the applicable Family Act. Thus, the author will offer a concrete de lege ferenda proposal to prevent and to punish all fictive marriages under the family legislation, bearing in mind, on the one hand, some successful and unsuccessful foreign legal solutions, and on the other, the indisputable assertion that the right to marry is a human right, which can suffer only minimal restrictions.

Ključne riječi

marriage; fictive marriages; sham marriages; impediment to marriage; requirements for a valid marriage

Hrčak ID:

164772

URI

https://hrcak.srce.hr/164772

Datum izdavanja:

29.7.2016.

Podaci na drugim jezicima: hrvatski

Posjeta: 6.799 *