ОСНОВ ЗА РАЗВОД СВЕТОВНОГ БРАКА
GROUNDS FOR DIVORCE IN SECULAR LAW
Author(s): Slobodan I. PanovSubject(s): Civil Law, Canon Law / Church Law
Published by: Правни факултет Универзитета у Београду
Keywords: Divorce; Conservatism; Liberalism; Contract termination; Rebus sic stantibus; Causa; Life support contract;
Summary/Abstract: The author made a detailed analysis of the grounds for divorce in the secular and, in the expected article, in the ecclesiastical law. In methodology compatible to polymorphous marriage substance, basis of secular marriage divorce is analyzed from three aspects. The first aspect is the one of legal policy (in the amplitude of the conservative and liberal axiology). The second is about the civil law background (records of similarities and differences with the obligation and legal institutions of termination for default; rebus sic stantibus, causes, usury contracts, etc. and hereditarylegal institutions, primarily the case of termination of life-long support due to „bad“ relationships of parties). The third comprehends family law aspects (expulsion of love from the marriage vocabulary in the law; irrelevance of some causes, i.e. spouses’ guilt; concept of divorce by previous Serbian Law on Marriage and Family Relations, current Law on Family and future Civil Code).
Journal: Анали Правног факултета у Београду
- Issue Year: 60/2012
- Issue No: 1
- Page Range: 107-136
- Page Count: 30
- Language: Serbian