Pregledni rad
https://doi.org/10.3935/rsp.v1i4.562
Family in the Regulation of Croatian Housing
Tanja Tumbri
; Pravni fakultet Sveučilišta u Zagrebu
Sažetak
In the Croatian housing and legal system, family and family household in particular are legally relevant facts that gibe rise to certain legal effects and personal rights related to a flat and its use. The rights are not always the same for all the family members. They depend on the legal relationship and the underlying legal basis for the use, on the type of the flat and on the family relationship among individual family members and some other circumstances. According to valid regulations, most rights and thus also maximum protection in the legal relation established in regard to a flat are given to the legal tenant’s family. The families the owner, lesee and subtenant are completely neglected and almost forgotten. Positive legislation does not recognize any rights belonging to them in connection with the flat that they together occupy. In order for the lesee’s and subtenant’s families to have the rights to a flat, the lease and subtenancy agreements have to be made to their advantages as well. The author thinks that the present legal situation de lege ferenda should be changed, so that the family members of the lesee and the subtenant could also be guaranteed certain rights regarding the flat and the execution of these rights ought to be protected. The principle of prohibiting the misuse of some personal rights should not remain the only means of protection.
Ključne riječi
Hrčak ID:
29742
URI
Datum izdavanja:
1.4.1994.
Posjeta: 4.105 *