engleski

Croatian Private International Law through Status Related Proceedings Involving Migrants

Any person crossing a border or seeking international protection in another country wants to have his/her status recognised in the asylum country. Such an endeavour is primarily driven by reasons of personal nature, pertaining to the right of every individual to personal identity, which confirms their affiliation to a specific family or community. Furthermore, the recognition of one's personal status may play a significant role in exercising many other rights, such as the right to reside within the territory of a specific country, the right to freedom of movement, the right to education, the right to healthcare, the right of access to public services and social programmes, the right to family reunification, right to employment, the right of children to parental care, the right to enter into marriage or comparable relations, as well as the right to divorce or dissolution of such relations, the right to acquire property, the right to inherit, etc. The difficulties arising in the process of cross-border status recognition mostly stem from the pluralism of national legal systems. National systems principally regulate personal and family status issues by enacting substantive legislation. Such regulation is usually considered justifiable as it refers to fully internal situations where personal and family statuses reflect the person’s affiliation to a particular culture or state. For this reason, international cooperation is important in the field of cross-border personal statuses. In the field of Private International Law (PIL), there is a need to harmonise the rules on this matter to ensure more uniformity in terms of personal status and to avoid the so-called “limping” statuses. This report will examine relevant sources binding for the Republic of Croatia in cases involving status recognition, with specific reference to the recognition of personal and family statuses, the issues of applying a foreign law and granting provisional measures in respect of unaccompanied minors. The review of the national legislation will be accompanied by an overview of conclusions from the Private International Law session held within the framework of a national exchange seminar within the SEELS Forced Migrations Project.

personal status, marriage status, application of foreign law, migrant children

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