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Pregledni rad

https://doi.org/10.32984/gapzh.10.1.19

Family Property Relations: National Legal Solutions and European Trends

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


Puni tekst: hrvatski pdf 267 Kb

str. 447-467

preuzimanja: 1.249

citiraj


Sažetak

The legal regulation of patrimonial relations in the family differs from one European legal system to another. The first part of the paper will be dedicated to the analysis of the patrimonial relations in the marriage, in the de facto cohabitations and in the same-sex registered partnerships in the Croatian family law in order to define the legal framework. The paper will go on to deal with the question of whether the national family law has been influenced by some legal solutions from other legal systems or by sources of soft law such as the Principles of European Family Law regarding Property Relations between Spouses.
The second part of the paper will deal with the possible impact of the EU secondary legislation on the national family law after the entry into force of the Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes and the Council Regulation (EU) 2016/1104 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships. Finally, the author will offer some concluding remarks regarding the comparison between national legal solutions and the European trends in the field of property relations in family law.

Ključne riječi

family law; property relations; spouses; de facto cohabitants; same-sex partners; Council Regulation (EU) 2016/1103; Council Regulation (EU) 2016/1104.

Hrčak ID:

223037

URI

https://hrcak.srce.hr/223037

Datum izdavanja:

18.7.2019.

Podaci na drugim jezicima: hrvatski

Posjeta: 2.382 *