Reforma porodičnog prava Srbije

Abstract

This paper examines solutions introduced by the new Serbian Family Act. It underlines the fact that the law significantly took in consideration European and international conventions and opinions of the European Court of Human Rights in family law matters. The Court practice will decide whether the equal treatment of the common law marriage and marriage in respect of requirements for their recognition is the best solution at this particular moment. The problem may be solved by equal treatment of the "illegal" common law marriage with invalid marriage. Important novelties have been introduced in the field of adoption, namely the partial adoption has been abolished, the age limit for the full adoption has been abolished; full adoption has become possible under certain circumstances even in case when the child has both parents. The provisions on inter-state adoption have not been well drafted since there is no enough protection for the adopted child in these cases. The new issues, which were not regulated by the Marriage and Family Law 1980 relate to the legal regulation of certain new, merely procedural, rights of the child, namely right of the child to express his/her opinion in all the proceedings that relate to his/her rights, right to file a claim for protection of these rights, possibility of emancipation of minor who became a parent based on the decision of the court, possibility of joint custody protection against family violence, introduction of mediation in the marriage matters and right of habitation under certain circumstances. Other novelties introduced by the law are incorporated in appropriate parts of law, either by amending or by supplementing the law, or by introducing the terminological innovation of certain solutions that existed in the previous law.