THE RIGHT TO PROTECTION FROM DOMESTIC VIOLENCE AS A SUBJECTIVE CIVIL RIGHT Cover Image

ПРАВО НА ЗАШТИТУ ОД НАСИЉА У ПОРОДИЦИ КАО СУБЈЕКТИВНО ГРАЂАНСКО ПРАВО
THE RIGHT TO PROTECTION FROM DOMESTIC VIOLENCE AS A SUBJECTIVE CIVIL RIGHT

Author(s): Veljko Vlašković
Subject(s): Civil Law, Studies in violence and power, Family and social welfare
Published by: Правни факултет Универзитета у Београду
Keywords: Domestic violence; A right; Right-holders; Object of right;

Summary/Abstract: Actual family law legislation of Serbia involves the provisions on domestic violence prevention. The law affords enjoying of right to protection from domestic violence to broad list of individuals called „family members“. This work analyzes exactly the basic features of the mentioned right. It starts from the idea and legal nature of the right to protection from domestic violence. Special attention is paid to some distinctiveness such as the fact that right to protection from domestic violence involves only intentional acts of a perpetrator. Considerable space is also given to the problem of proving the right-holders title in situations where the family law protection is based on some informal relations such as „emotional“ or „sexual relationships“. At this point, it is being made the comparision between Serbian and English law which has the longest tradition in combatting domestic violence. It is shown that our system of family law protection from domestic violence appears to be inconsistent in certain cases. Attention is paid to the possibility of opening the family law protection from domestic violence for homosexual couples. Finally, this paper analyzes the personal values protected by the right to protection from domestic violence

  • Issue Year: 57/2009
  • Issue No: 1
  • Page Range: 249-264
  • Page Count: 16
  • Language: Serbian