THE EVOLUTION OF THE CONSENSUAL DIVORCE MODEL IN THE SERBIAN LEGISLATION Cover Image

ЕВОЛУЦИЈА МОДЕЛА СПОРАЗУМНОГ РАЗВОДА БРАКА У СРПСКОМ ПРАВУ
THE EVOLUTION OF THE CONSENSUAL DIVORCE MODEL IN THE SERBIAN LEGISLATION

Author(s): Tanja Kitanovic
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Нишу
Keywords: consensual divorce; Serbian law; former divorce legislation; positive divorce legislation; proposals de lege ferenda

Summary/Abstract: In this article, the author explores the institute of divorce by mutual consent in the Serbian legislation, given the fact that the existing consensual divorce model has had a highly interesting evolution in the Serbian family law. In the first part of the paper, the author provides a general overview of the formerly applicable divorce legislation. Further on, the author provides a detailed analysis of the positive legislation in this area. Drawing upon the comprehensive critical analysis of the current normative solutions on this issue, in the final part of the paper the author proposes specific legal solutions which may be applied in eliminating the observed draw backs and providing for a more adequate regulation on the institute of consensual divorce in the future.

  • Issue Year: LXIII/2012
  • Issue No: 63
  • Page Range: 229-242
  • Page Count: 14
  • Language: Serbian