Review article
Default judgments in child maintenance cases
Slađana Aras
; Faculty of law, University of Zagreb, Zagreb, Croatia
Abstract
The purpose of this paper is to analyze the institute of judgments in contumacy (no-answer default judgments and default judgments) in proceedings on the maintenance of minors i.e. children over whom parents have parental custody after they come of age. It became possible to pass such judgments following the enactment of the Law that introduced amendments to the 2007 Family Law.
At the beginning, in the historical overview, the paper considers the (im)possibility of passing judgments in contumacy according to the former legislation of the Federal People's Republic of Yugoslavia/Socialist Federal Republic of Yugoslavia and the former family legislation of the Yugoslav republics and provinces. Furthermore, it considers rulings on this particular issue in the present legislation, especially in post Yugoslav states and it quotes a number of provisions of the Italian law.
In this context, the author gives a general analysis of the legal nature of the judgments in contumacy and considers the preconditions for passing these judgments according to the Civil Procedure Act and the Family Law. Special attention is given to particularities of judgments in contumacy in proceedings relating to child maintenance.
In conclusion, the author evaluates the newly introduced possibility of passing judgments in contumacy in proceedings on child maintenance and points to a number of de lege ferenda proposals.
Keywords
judgments in contumacy; no-answer default judgments; default judgments; child maintenance; alimony proceedings
Hrčak ID:
48831
URI
Publication date:
22.2.2010.
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