Original scientific paper

Dispositive Judgments in Child Support Cases

Slađana Aras ; Pravni fakultet Sveučilišta u Zagrebu

Abstract

The Family Law Amendment Act 2007 established certain serious interventions in prescribing the procedure in child support cases. The amendments, inter alia, introduced an option for the courts to deliver dispositive judgments – a judgment based on admission of the claim and judgment based on waiver of the claim in these procedures.
The aim of this article is to analyse the newly introduced option.
First of all, the author addresses the issue of dispositive judgment permissibility within a historical perspective in the period of 1945 till the Family Law Amendment Act 2007. Moreover, a particular attention has been given to solutions proposed for the above mentioned issue pursuant to alimony litigation law in force in Post-Yugoslav countries.
While proposing legal regulations for this institute de lege lata, a legal nature of admission of the claim and waiver of the claim has been generally scrutinised as well as presumptions to deliver these dispositive judgments according to the Croatian alimony litigation law currently in force and specificity of their delivering. A special attention has been given to possibility to deliver partial judgments based on admission of the claim and on waiver of the claim and “dispositive” interim judgments.
Specific proposals de lege ferenda are presented in the final remarks of this article.

Keywords

dispositive judgments; judgment based on admission of the claim; judgment based on waiver of the claim; child support; alimony procedure

Hrčak ID:

52651

URI

https://hrcak.srce.hr/52651

Publication date:

14.12.2009.

Article data in other languages: croatian

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