Vanparnični postupak za utvrđenje postojanja vanbračne zajednice

Abstract

Listen

Translate article

A civil partnership is an extended cohabitation between a man and a woman which does not involve any marital impediments. The Serbian legal system equates a civil partnership with marriage (at least formally). However, in contrast to marriage, whose existence can easily be proven with a marriage certificate, the existence of a civil partnership is a factual question, which depends on the circumstances of the case in question. The existence of such a partnership can be established only in a court of law, while extrajudicial proceedings for establishing the existence of a civil partnership have become very frequent after civil partners obtained the right to claim a family pension. In this paper, the author will present an overview of the characteristics of such a procedure and point out the kinds of evidence that are suitable for establishing the existence of a civil partnership. Finally, the author will argue for legal regulation of the extrajudicial procedure for establishing the existence of a civil partnership and propose some characteristics of the elements of such regulations in the Law on Extrajudicial Proceedings.