Prerequsites for the existence of a statutory duty to provide child support to adult children in regular education under Serbian law

Abstract

Even though parental authority ceases to exist with a child?s attainment of adulthood, or earlier if the child obtains legal capacity through emancipation, parenthood, as a personal relationship between the parent and the child, is not limited in time. In essence, it presupposes that parents take care of their children, even once the children have established their own families. This continuing support, both emotional and material, is a natural extension of their personal relationship. When this support is lacking, even though necessary, the state intervenes by providing protection (at least to some extent) in the realization of certain rights even to children who have achieved adulthood. This protection entails, above all, the right to education, since this right normally cannot be fulfilled prior to coming of age. To that end, the law establishes a duty to support a child while in regular education, even if the child is no longer a minor. The purpose of this paper is to determine the meaning of the relevant terms with regard to the existence of the duty to provide child support: regular education and obvious unfairness.