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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| Format: | Article |
| Language: | English |
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Bar Association of Vojvodina, Novi Sad
2024-01-01
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| Series: | Glasnik Advokatske komore Vojvodine |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2024/0017-09332402341S.pdf |
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| _version_ | 1841554290591662080 |
|---|---|
| author | Sekulić Miloš |
| author_facet | Sekulić Miloš |
| author_sort | Sekulić Miloš |
| collection | DOAJ |
| description | 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. |
| format | Article |
| id | doaj-art-dccbe5c4d1e9465e9297152279a6e9ea |
| institution | Kabale University |
| issn | 0017-0933 2683-5967 |
| language | English |
| publishDate | 2024-01-01 |
| publisher | Bar Association of Vojvodina, Novi Sad |
| record_format | Article |
| series | Glasnik Advokatske komore Vojvodine |
| spelling | doaj-art-dccbe5c4d1e9465e9297152279a6e9ea2025-01-08T16:11:11ZengBar Association of Vojvodina, Novi SadGlasnik Advokatske komore Vojvodine0017-09332683-59672024-01-0196234137410.5937/gakv96-486980017-09332402341SExtrajudicial proceedings in establishing the existence of a civil partnershipSekulić Miloš0https://orcid.org/0000-0003-4794-938XOsnovni sud u Novom Sadu, Novi Sad, SerbiaA 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.https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2024/0017-09332402341S.pdfextrajudicia proceedingscivil partnershipthe right to a family pensionthe law on extrajudicial proceedings |
| spellingShingle | Sekulić Miloš Extrajudicial proceedings in establishing the existence of a civil partnership Glasnik Advokatske komore Vojvodine extrajudicia proceedings civil partnership the right to a family pension the law on extrajudicial proceedings |
| title | Extrajudicial proceedings in establishing the existence of a civil partnership |
| title_full | Extrajudicial proceedings in establishing the existence of a civil partnership |
| title_fullStr | Extrajudicial proceedings in establishing the existence of a civil partnership |
| title_full_unstemmed | Extrajudicial proceedings in establishing the existence of a civil partnership |
| title_short | Extrajudicial proceedings in establishing the existence of a civil partnership |
| title_sort | extrajudicial proceedings in establishing the existence of a civil partnership |
| topic | extrajudicia proceedings civil partnership the right to a family pension the law on extrajudicial proceedings |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0017-0933/2024/0017-09332402341S.pdf |
| work_keys_str_mv | AT sekulicmilos extrajudicialproceedingsinestablishingtheexistenceofacivilpartnership |