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Zbornik Pravnog fakulteta u Zagrebu, Vol. 66 No. 4, 2016.

Original scientific paper

Fictive marriages

Sandra Winkler orcid id orcid.org/0000-0003-1639-6823 ; Faculty of Law, University of Rijeka, Rijeka, Croatia

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page 497-525

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Abstract

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.

Keywords

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

Hrčak ID:

164772

URI

https://hrcak.srce.hr/164772

Publication date:

29.7.2016.

Article data in other languages: croatian

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