Back to Search
Start Over
Usporedba osobnih prava i dužnosti bračnih drugova i svrha ženidbe u hrvatskom Obiteljskom zakonu i Zakoniku kanonskog prava.
- Source :
-
Pravnik, Law & Society Review . 2016, Vol. 49 Issue 99, p153-169. 17p. - Publication Year :
- 2016
-
Abstract
- Regulating relations between spouses is very important for every law system and for society as a whole, because of significance of marriage and family in social context. Both the Croatian family law and the canon law of Roman Catholic Church regulate it in different ways, according to the understandings of their legislative authorities. Relevant sources, in which there are included legal norms about personal rights and obligations of spouses and purposes of marriage, are Croatian Family Law and Code of Canon Law (its 4th book). They contain differences, but also similarities, in which there are common understandings that both systems want to emphasize. Reference is also made to other legal norms, such as those that contain definitions of marriage and to their importance in considering personal rights and obligations of spouses and purposes of marriage. Marriage is a relationship that is impossible to regulate completely. Such an attempt would notbe meaningless, because of the intimate nature of marriage. In the analyzed norms, that is proven by their nature as a set of expectations and principles, which is a reflection of the imposibility to precisely regulate relations in marriage. For these reasons, law systems that regulate the establishing of marriage, contain norms that regulate expectations of marriage, but these are theoretically identified as leges imperfectae. Characteristic of not having a sanction as an integral part of the norm, raises their significance as a set of expectations and principles, and not as a norms, that would ensure direct effect through sanctions. Divorce or dissolution of marriage, as a possible mechanism of ending such a behaviour that would be contrary to these norms, and the differences between Croatian Family Law and the Code of Canon Law in considering it, are also analyzed. Issue of applying these norms and of behaviour according to them, is a very difficult pne and encompasses many topics that go beyond the legal reasoning, what is also mentioned in this paper. Finally, the differences between expectations of marriage in two legal systems are presented and especially reactions on behaviours that are contrary to them, but also on many similarities and common opinions about marriage. [ABSTRACT FROM AUTHOR]
Details
- Language :
- Croatian
- ISSN :
- 0352342X
- Volume :
- 49
- Issue :
- 99
- Database :
- Academic Search Index
- Journal :
- Pravnik, Law & Society Review
- Publication Type :
- Academic Journal
- Accession number :
- 119326871