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Europsko obiteljsko pravo: sadašnjost i budućnost - harmonizacija ili unifikacija?

Authors :
Miše, Dino
Source :
Pravnik, Law & Society Review. 2015, Vol. 48 Issue 98, p53-73. 21p.
Publication Year :
2015

Abstract

In this paper, throughout its five chapters, the author analyses the development of the European family law to this day, and also provides insight into the most significant aspects of its development in the future, primarily keeping in mind the influence of European Union, respectively its legislative activities. After the introduction, the centerpiece terms of this paper - harmonisation and unification - are briefly explained. Afterwards, firstly, brief general review of the history of the development of the European family law is given through the prism of its fundamental tendency - to develop by the principle of the „spiral" movement, and, secondly, author analyses the relationship between the three fundamental factors of the development of the family law - society, politics, and national law - and the process of harmonisation of different family law systems in the member states through the perspective of the recent events in Republic of Croatia: passing of referendum from the year 2013 and passing of the Family Law Act from the year 2014. The fourth chapter of this paper is dedicated to analysis of unification efforts of the European Union in the field of European family law, where special attention is given to the Union's Chapter of fundamental rights and the most important legal acts within the scope of the Union's secondary legislation. Also, in the same chapter, author gives brief consideration of importance of the jurisprudence of the European Court of Human Rights in Strasbourg and work of the Hague Conference on Private International law on the Unions unification efforts in the field of European family law. Finally, in the conclusion of this paper, answer to the question contained in the title - harmonisation or unification? - is given, with special consideration towards all, in this paper included, findings. [ABSTRACT FROM AUTHOR]

Details

Language :
Croatian
ISSN :
0352342X
Volume :
48
Issue :
98
Database :
Academic Search Index
Journal :
Pravnik, Law & Society Review
Publication Type :
Academic Journal
Accession number :
119326840