PRAVO MJERODAVNO ZA OBAVEZE IZDRŽAVANJA DJETETA: IZMEĐU KOLIZIONE I MATERIJALNE PRAVIČNOSTI
APPLICABLE LAW FOR CHILD MAINTENANCE OBLIGATIONS: BETWEEN CONFLICTS AND MATERIAL JUSTICE
Author(s): Jasmina Alihodžić, Anita Duraković, Boris KrešićSubject(s): Law, Constitution, Jurisprudence, Civil Law, Family and social welfare
Published by: Pravni fakultet Univerziteta u Tuzli
Keywords: the best interest of the child; maintenance creditor; maintenance debtor; habitual residence; lex nationalis;
Summary/Abstract: International documents on the protection of the rights of the child do not contain a definition of his best interests. This makes it imprecise and imposes the need to concretize, objectify and specify its content on a case-by-case basis, by considering numerous factors and elements. When it comes to cross-border child support, ensuring his best interest is even more demanding in relation to exclusively domestic cases in this area. The aim of this paper is to analyze different legal views on the legal nature of choice of law rules on child support, as well as the analysis of valid normative solutions contained in international and national legal acts, to indicate those solutions whose application will ensure the best interests of the child. The proposed solutions should be taken into account when reforming the legislation in Bosnia and Herzegovina in this area.
Journal: Zbornik radova Pravnog fakulteta u Tuzli
- Issue Year: 7/2021
- Issue No: 1
- Page Range: 36-61
- Page Count: 26
- Language: Bosnian