PERSPEKTIVA PRESUDE ZBOG PROPUŠTANJA U PARNICAMA O IZDRŽAVANJU DJECE
PERSPECTIVE OF DEFAULT JUDGMENT IN LITIGATIONS ON CHILD SUPPORT

Summary/Abstract: The paper presents the existing legal prohibition on the default judgment in litigations on child support, (un)justification of the prohibition, limitations of this standardization, as well as proposals for a new way of standardization. The backbone of this paper is the presentation and analysis of the legal theory and judicial practice reasons that support the thesis of this paper – there should be a possibility to reach a judgment by default in cases when the child is a plaintiff, because that judgment would protect the child’s interests equally well just as the contradictory judgment would, which would be reached after the completion of proceedings. The presentation connects legal provisions of the Family Law with numerous specific cases of judicial practice, and supports the conclusions on ineffectiveness of the current legal solution. The paper presents the concrete proposals de lege ferenda how the provisions of the Family Law of the Federation of Bosnia and Herzegovina should be amended in order to realize the protection of the child’s interests in litigations on child support with significantly shorter, cheaper and more efficient proceedings.

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