Prethodno priopćenje
https://doi.org/10.30925/zpfsr.47.1.9
Determination of the Extramarital Union
Aleksandra Maganić
orcid.org/0000-0003-1941-429X
; Sveučilište u Zagrebu, Pravni fakultet
Slađana Aras Kramar
orcid.org/0000-0002-8908-775X
; Sveučilište u Zagrebu, Pravni fakultet
*
* Dopisni autor.
Sažetak
Extramarital unions are on the rise in both the European and domestic contexts. Over the ten-year period from 2011 to 2021, their number in Croatia increased by as much as 37.65%. These social trends have been accompanied by the gradual recognition of the legal effects of such unions. Hence, determining the existence of an extramarital union appears necessary, especially in light of the informality as one of its essential characteristics. Extramarital unions and their effects were revisited with the adoption of the 2015 Family Act. Although this Act addressed some of the problems in practice, especially regarding the temporal characteristic of these life unions, it did not explicitly name and regulate the legal protection path for determining the existence of an extramarital union. In addition to the 2015 Family Act, some effects of an extramarital union are also regulated by separate rules that prescribe non-contentious proceedings as the court procedure for establishing its existence. Therefore, the aim of this paper is to analyse certain procedural legal issues related to the determination of an extramarital union, which have both theoretical, significance and considerable practical relevance in judicial practice. New doctrinal and normative developments have arisen with the adoption of the new Non-Contentious Proceedings Act. The NCPA represents a new qualitative step in procedural doctrine, generally opening the need to review the relationship between contentious and non-contentious proceedings, especially through the introduction of an additional criterion based on the legal nature of a civil law matter.
Ključne riječi
extramarital union; contentious proceedings; non-contentious proceedings; legal nature of a civil law matter.
Hrčak ID:
346130
URI
Datum izdavanja:
15.4.2026.
Posjeta: 242 *