Original scientific paper
Marginalia to the regulation of alimony proceedings in Croatian and Macedonian law
Slađana Aras
; Faculty of law, University of Zagreb, Zagreb, Croatia
Abstract
The aim of the paper is to analyse alimony proceedings in Croatian and Macedonian law, in particular in view of the amendments featured in the Act on Amendments to the Family Act of the Republic of Croatia of 2007.
The paper begins by a definition of the types of alimony disputes in Croatian and Macedonian law. In addition, new possibilities provided for by the Croatian law of alimony are considered, pertaining to the waiving of rights acquired on the basis of support, and awarding compensation for the deprivation of support even before the filing of the lawsuit. As regards alimony disputes with an international element, pertinent Croatian and Macedonian conflict provisions are analysed.
The section focusing on the regulation of alimony proceedings de lege lata in Croatian and Macedonian law deals with the issues of (personal, qualified) service, scheduling and postponing a hearing, rendering, drawing up and serving judgements, and the legal remedies in such proceedings. Further, the new procedures regarding the reduction and cessation of support obligation provided in Croatian procedural law pertaining to alimony proceedings are considered.
Special attention is given to the solutions of the current Croatian and Macedonian procedural law pertaining to alimony proceedings with regard to the (im)possibility of rendering dispositive judgements and making a settlement in court in child support disputes, while the legislative solutions and doctrinal positions regarding the (im)possibility of their enactment in former Yugoslavian law are also pointed out.
In view of the possibility of rendering dispositive judgements in child support proceedings, the final part of the paper indicates certain problems concerning the recognition and enforcement of such judgements in Croatia/Macedonia, as well as possible solutions.
Keywords
maintenance; nemo pro praeterito allitur; alimony proceeding; dispositive judgements; default judgements; recognition and enforcement of child support judgements; child welfare
Hrčak ID:
66864
URI
Publication date:
20.3.2011.
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