A PROCEDURE FOR THE PROTECTION OF A FAMILY HOME
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DOI:
https://doi.org/10.30925/zpfsr.45.1.7Keywords:
family home, the child's right to housing, non-contentious procedure, interim measure, the European Court of Human Rights.Abstract
A novelty of family law and procedure is the institute of the family home and its protection in court procedure, in which this protection is enforced. Of particular importance is the regulatory non- contentious procedure through which the child's right to housing with one parent in a real estate that constitutes marital property and the family home is exercised. In the second part of the paper that follows the introduction, the concept of the family home is analyzed, as well as the decision on the child's right to housing with one parent in a non-contentious procedure according to the Family Act 2015. In this part of the paper, the practice of the European Court of Human Rights regarding the right to a home is taken into account, and the issues that arose in the application of the FA 2015. Next, the admissibility of insurance through an interim measure for the protection of the child's right to housing with a parent in the family home is discussed. In addition to taking her own opinion on that issue, the author analyses the insurance assumptions, participants and certain issues of the insurance procedure through an interim measure to protect the child's right to housing with a parent in the family home.
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