УЛОГА КРИВИЦЕ У HACTAHKУ ОБАВЕЗЕ НА СУПРУЖАНСКО ИЗДРЖАВАЊЕ
THE ROLE OF GUILT IN THE ESTABLISHMENT OF THE OBLIGATION FOR THE PAYMENT OF ALIMONY

Summary/Abstract: The establishment of the obligation for the payment of alimony means the existance of a prerequisite, which is usually determined as the subjective prereguisite of alimony, in other words, the lack of guilt or responsibility for the fact of separation or divorce. Yugoslav law, like most modern laws, has evolved the concept of the role of guilt in the provisions of marriage law, altering its former significance. Instead of the automatic effect by which the abolishment of the right to alimony took place, guilt has acquired a more moderate form, remaining in the provisions as a prerequisite which may possibly prevent the establishment of the obligation for the payment pf alimony., In other words, by providing an elastic definition of the incriminated behavior of one of the marital partners, it is left to the judicial practice to assess the circumstances in every individual case and make the qualification of behavior from the point of view of equity and the morality of the mutual relations of the marital partners (husband and wife.). In that way, the interests of the husband are protected from the stern and unconditional implementation of a technicalised legal rule, in favour of a provision which has more room for the recognition of the justified interests of both interested parties.

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