Naslov
Right to personal name and Croatian legal framework - de lege lata and de lege ferenda

Autori
Medić, Ines

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
4th balkan Conference Proceedings: Personal name in International Law and Private International Law

Urednik/ci
Živković, Mirko

Izdavač
Pravni fakultet Sveučilišta u Nišu

Grad
Niš

Godina
2016

Raspon stranica
71-89

ISBN
978-86-7148-228-8

Ključne riječi
personal name ; PIL Act ; Draft PIL Act ; Croatia

Sažetak
Right to personal name is one of many expressions of personal identity. Additionally, it reflects a single individual in familiar and social context and is also a mean by which a state identifies its subjects. As such, personal name is regulated by different branches of law (constitutional, civil and administrative) and requires careful approach. Legal regulation of personal name in Croatia entails several legal acts (Law on Personal Name, Family Law Act and Life Partnership Act) which are not well tuned. The existing Proposal for the amendments of the Law on Personal Name refers to only some of the problems, so there is still room for the improvements. In private international law sphere situation does not exactly correspond with the one in substantial sphere, since there is no choice of law rule which is specifically dedicated to the law applicable to personal name in Croatian PIL Act. Additionally, doctrinary approach is inconsistent which causes uncertainty in respect to application of certain provisions which are used instead to settle this question. 2015 Draft PIL Act, which is officially presented in June 2016, contains special rule for personal name but also leaves some room for consideration. In this article, Author tried to give her view of the existing situation as well as to give some suggestions for consideration with regard to possible amendments on substantial level and also with regard to 2015 Draft PIL Act.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA