Dissolution of Marriage in Comparative Law Cover Image

Razvod braka u uporednom pravu
Dissolution of Marriage in Comparative Law

Author(s): Milan Počuča
Subject(s): Law, Constitution, Jurisprudence, Family and social welfare, Transformation Period (1990 - 2010)
Published by: Institut za uporedno pravo
Keywords: divorce; marriage; blame; constent;

Summary/Abstract: The paper presents solution for the institution of the dissolution of marriage in several European countries. One can conclude that in most countries during the 1990s there was a reform of family law. One of the directions of reform is liberalization of marriage dissolution proceedings. Blame, as a condition for dissolution of marriage, is still present number of European countries, but in these countries there is a mixed system of dissolution of marriage. Besides blame, marriage can be dissolved due to incompatibility, disrupted marital relations. Most European countries distinguish two ways of dissolving a marriage, and that is upon a petition- action of one spouse or divorce based on mutual consent of the spouses. Besides the fast dissolution of marriage, divorce by mutual constent is also common because of its economic advantages. Divorce by mutual constetnt is cheaper than expensive court proceedings. Dissolution of marriage can be distinguished to the body before which it is conducnted. This means that besides court dissolution of marriage, there is also an administrative registration of dissolution of marriage which entails a mutual agreement of the sopuses. There are beginnings dissolution of marriage in English law as well.

  • Issue Year: 2011
  • Issue No: 2
  • Page Range: 267-283
  • Page Count: 17
  • Language: Serbian