Naslov
Invisible Minorities within Extramarital Unions - Comparison of Different Solutions Provided by the Family Laws

Autori
Pacia, Romana ; Winkler, Sandra

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
Unsichtbare Minderheiten/Invisible Minorities

Urednik/ci
Bodiroga-Vukobrat, Nada ; Sander, Gerald G. ; Barić, Sanja

Izdavač
Verlag Dr. Kovač

Grad
Hamburg

Godina
2013

Raspon stranica
57-93

ISBN
978-3-8300-6856-3

Ključne riječi
Extramarital Unions, European family law, Croatian family law, Italian family law

Sažetak
The European legal landscape varies to such an extent that the first conclusion states that uniform characteristics which are able to create lowest common denominator referring to extramarital unions, do not exist. The only conclusion which emerges from the comparison of national laws is that the need for lawful recognition analysed for social formations does exist, even though some legal systems decided to regulate only heterosexual unions, the other only same-sex unions and the third both. During the research, important differences in the matter discovered on one hand, that the Italian Legal system lacks normative support, which would regulate the matter, so that the jurisprudence is continuously required to compensate for the lack of the Legislation, in order to give protection to the many extramarital and same sex unions present in Italy. On the other side, the Croatian Legal system, although the legislation does expressly regulate all the factual unions (whether heterosexual or same-sex), it does not result in real protection of the mentioned unions. In both cases, the fragmentarity of the discipline, as the absence of real co-ordination of the matter brings up legal conflicts and negative effects. The conclusion being that there is no big difference in real protection which in the analysed systems is allocated to actual unions.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA