Original scientific paper
https://doi.org/10.3935/zpfz.74.2.02
Property Law Disputes as a Subject of Family Mediation: On the Way to Comprehensive Mediation
Anica Čulo Margaletić
orcid.org/0000-0001-7688-8366
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Abstract
Disputes between family members may or may not concern property. However, the special features of these disputes that make them different than others in the field of general civil law are their interconnection, intertwining and interdependence. These special features are especially emphasized in cases of disputes arising after the dissolution of a family union, when numerous issues must be resolved, concerning, among other things, the legal consequences that such a change brings to the life of each family member individually and all members collectively. It is certainly necessary to reshape existing relationships, and procedures such as family mediation, whose aim is to help and empower individuals in taking an active role in creating their own solutions to disputes with the timely support of a professional – the family mediator – are of inestimable importance. Starting from the above, in this paper we will try to consider the current situation when it comes to the possibilities of applying family mediation as a way of solving property law disputes between family members from the aspect of positive legal regulations, and try to determine the reasons for the limited application of this additional way of resolving these disputes, and make some proposals on how to make this family law institution more visible and recognizable to experts, but also to the general public, with the aim of strengthening and expanding the application of peaceful resolution of family law disputes, including property-related ones.
Keywords
family mediation; property law disputes; alternative dispute resolution
Hrčak ID:
319106
URI
Publication date:
28.6.2024.
Visits: 0 *