Full vs. Partial Adoption Cover Image

Потпуно vs. непотпуно усвојенје
Full vs. Partial Adoption

Author(s): Dimitrije Ćeranić
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Full adoption; Partial adoption; European Convention on the Adoption of Children;
Summary/Abstract: The author analyses the forms of full and partial adoption in the domestic and comparative laws. In some legal systems there is only full adoption,while the others know also the partial adoption. The paper contains review of the positive law of the former Yugoslav republics as well as the law of some European states. Beside the national legislation, few international acts which regulate the adoption have been analyzed. The author points to the fact that the revised Convention of the Council of Europe on the adoption of children from 1967 has given the right to the states to provide norms for the patterns of adoption with more limited effects than the full adoption. In this way, it is possible that the monism of the full adoption is not the only way of development of the European legislations. The author uses historical, normative, and comparative methods. Discussing about (dis)advantages of legal solutions in the analyzed legal systems, the author has suggested the way of development of the former Yugoslav republics legal systems. The conclusion is that there are many reasons for the existence of both full and partial adoption.

  • Page Range: 170-183
  • Page Count: 14
  • Publication Year: 2015
  • Language: Serbian