engleski

Two Steps Forward and One Backwards in the Autonomy of the New Croatian Family Law

The authors offer an analysis of the place of the principle of party autonomy, i.e. dispositive rules, as well as of the opposing mandatory rules in Croatian family law. Considering the reform of family law in the Republic of Croatia, the authors compare the status of the principle of party autonomy and the possibility of agreement prior to the adoption of the 2014 Family Law with the solutions incorporated in the new regulation. The principle of party autonomy and mandatory rules are first shown in the context of the relationship between parents and children and then in the context of the relationship between adults: spouses, life (extramarital) partners (cohabitants) and partners in a same-sex union. This overview stresses the relevant novels in the respect for autonomous decision-making when it comes to person with disabilities.

principle of party autonomy ; Croatian family law ; relationship between parents and children ; relationship between adults ; person with disabilities

DOI: 10.1007/978-3-319-17229-3_6 ; Publikacija sadrži odabrane radove prezentirane na skupu “Contractualisation of Family Law” prezentirane na The XIXth International Congress of Comparative Law održanom u Beču, u srpnju 2014.