КОНСУЛТАТИВНА СПОСОБНОСТ У ПОРОДИЧНОМ ПРАВУ
THE RIGHT OF A CHILD TO EXPRESS OPINION IN FAMILY MATTERS

Summary/Abstract: The minor persons, who are enable to act participate into the legal traffic through their legal representatives. Nevertheless, yet from the first days the. necessity had been felt for the under raged persons to be included in the legal affairs which are dispatched by their legal representatives. A minor who shows signs of reasonable discernment is invited to express himself if he is consentient to the act that is being executed by his legal representative. This applying to the minor, whose subjective supposition on this discretion is in a majority of cases marked by a determined growth, is one of the forms of capacity to act which is called: consultative capacity. The necessity of such a capacity is justified in several ways. According to an opinion, it is a necessary requirement for removal of the immediate contact of a person incapable to act with the state of its general capacity to act. For transition to the capacity for independent undertaking of legal actions, an under aged person is to be gradually introduced into legal traffic and allowed to exert influence on the acquisition and alteration not only of his property, but also, what is much more important, of his personal rights. The consultative capacity observed from this aspect constitutes an initial educational process in preparing a minor for subsequent independent undertaking of legal affairs and deciding on his rights.In the comparative law the extent and the content of the consultative capacity of a minor is more or less wide, in dependence of the admission or a complete exclusion of the parental authority over the children. In our law, in which the patriarchal system is eliminated from the family, the consultative capacity acquires a special expression. The nature of the consultative capacity and the legal consequences that such a capacity involves are differently laid down. In the end, they are dependent on the legal act the legal representative of the minor is undertaking. Those legal consequences turn from a possible in admission of minor's opinion to the annulment of the legal act itself if the consulting of the minor has been neglected.In our law the consultative capacity occurs in many cases, 1. in occasion of adoption; 2. in occasion of a change of given name and family name; 3. in occasion, of taking decision on the erutruisting of the child to one of the parents; 4. in occasion of direct contracting, of legal affairs by legal, representatives; 5. in occupation of the child, and in some acts concerning the institution of religious acts; 6. in occasion of determination of the course of the education and guardianship.

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