Extrajudicial proceedings in establishing the existence of a civil partnership
A civil partnership is an extended cohabitation between a man and a woman which does not involve any marital impediments. The Serbian legal system equates a civil partnership with marriage (at least formally). However, in contrast to marriage, whose existence can easily be proven with a marriage cer...
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| Main Author: | |
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| Format: | Article |
| Language: | English |
| Published: |
Bar Association of Vojvodina, Novi Sad
2024-01-01
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| Series: | Glasnik Advokatske komore Vojvodine |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2024/0017-09332402341S.pdf |
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| Summary: | A civil partnership is an extended cohabitation between a man and a woman which does not involve any marital impediments. The Serbian legal system equates a civil partnership with marriage (at least formally). However, in contrast to marriage, whose existence can easily be proven with a marriage certificate, the existence of a civil partnership is a factual question, which depends on the circumstances of the case in question. The existence of such a partnership can be established only in a court of law, while extrajudicial proceedings for establishing the existence of a civil partnership have become very frequent after civil partners obtained the right to claim a family pension. In this paper, the author will present an overview of the characteristics of such a procedure and point out the kinds of evidence that are suitable for establishing the existence of a civil partnership. Finally, the author will argue for legal regulation of the extrajudicial procedure for establishing the existence of a civil partnership and propose some characteristics of the elements of such regulations in the Law on Extrajudicial Proceedings. |
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| ISSN: | 0017-0933 2683-5967 |