Demokratizacija porodičnog prava
Democratization of family law

Summary/Abstract: As a civil union, family is not static in time in space. It is a reflection of person’s abilities and the relations created by the human civilization. With the European Convention for the Protection of Human Rights and Fundamental Freedoms, the focus of legal protection is shifted from a family to an individual or to be more precise to an individual in a family. As a legal phenomenon, democratization can be observed through the individualization of the participants of a relationship by means of a mutual agreement on the inner relations and conflict solutions. Primarily, it is achieved by means of the establishment of two forms of equality: gender equality (equality between husband and wife and between father and mother in the sense that the terms husband and wife are replaced by the term spouses and the terms father and mother are replaced by the terms parents) and children equality (in the sense that children have equal status regardless of their birth details with the abolishment of the terms legitimate and illegitimate).

• Details
• Contents