Review article
Social care centers as interveners in status and child financial relief proceedings
Slađana Aras
; Faculty of law, University of Zagreb, Zagreb, Croatia
Abstract
It is the aim of this paper to analyse the participation of the social care centre as a party and intervener in special (status and financial relief) proceedings regulated by the Law on Obligations. The paper begins by analysing the above roles of the social care centre with respect to the previous family law in the Yugoslav republics and autonomous provinces focusing on the former Croatian Law on Marriage and Family Relations in a historical perspective.
In this context, the author analyses problems of party and procedural capacity and procedural legitimacy of the centre as a party in litigation. Moreover, the effect of judgement on the social care centre in a procedure it initiated as a party and costs of litigation are discussed.
The central part of the article critises the usual interpretations of the doctrine about the social care centre as a unique co-litigant in a case when it is „associated to the proceedings“ as a party, according to the Law on Obligations, Article 274, paragraph 2, and presents Dika's view of the centre as an intervener with the legal status of an independant party. in an effort to explain the legal status of the social care centre according to the above law, taking into account the powers and tasks of the centre in special types of litigation.
The author explores the legal status of the social care centre as an intervener sui generis (specific intervener), comparing its status with the proceedings to which it is „associated“ as a party. In this respect the author discusses the issue of a social care centre being summoned to the court and its intervention in the proceedings, duties of the court and powers of the centre after the intervention, the effect of judgement on the centre and costs of litigation. The author finds some imprecision and incompleteness in the regulation of intervention of social care centres as a party and intervener in special types of litigation.
In conclusion, procedural consequences of the breach of the rule on service of process to the social care centre as a party and intervener in the proceedings is discussed.
Keywords
social care centre; party; intervener; intervention; litigation
Hrčak ID:
35527
URI
Publication date:
20.4.2009.
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