Does (family) law protect family?

Although we cannot ignore the fact that the law in some way affects the family from the very beginning by determining who is considered a family member, what are their mutual rights and obligations, how certain relationships are formed and how they end, modern understanding of the family, however, n...

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Autores principales:	Kovaček-Stanić Gordana B., Samardžić Sandra O.
Formato:	article
Lenguaje:	EN SR
Publicado:	University of Novi Sad, Faculty of Law 2021
Materias:	family law mediation exercising parental responsibility family disputes Law K
Acceso en línea:	https://doaj.org/article/bfa3476e77a24fcba1a8da2cc5ea695c
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spelling	oai:doaj.org-article:bfa3476e77a24fcba1a8da2cc5ea695c2021-12-05T21:40:08ZDoes (family) law protect family?0550-21792406-125510.5937/zrpfns55-30403https://doaj.org/article/bfa3476e77a24fcba1a8da2cc5ea695c2021-01-01T00:00:00Zhttps://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2021/0550-21792101025K.pdfhttps://doaj.org/toc/0550-2179https://doaj.org/toc/2406-1255Although we cannot ignore the fact that the law in some way affects the family from the very beginning by determining who is considered a family member, what are their mutual rights and obligations, how certain relationships are formed and how they end, modern understanding of the family, however, necessarily implies respect for the extremely wide field of family, that is parental autonomy. Such an understanding could, in the most extreme form, result in an almost complete absence of responsibility of the state or the legal system for everything that happens in the family. In this sense, there are very weak formal legal obligations of the state in taking an active role in strengthening the family, and in practice there is virtually no involvement of the state in strengthening ties within the family before certain problems arise. On the other hand, if someone has the potential to protect the family and its members, then it is certainly the legal system. The protection of the family must not be reduced only to the question of how to do it, but also at what moment or whether the protection and development of healthy family relationships must be an issue to be addressed much earlier, even before the family is formed. In that sense, counseling or conversations with competent persons, can be of special importance. Also, although they are relatively foreign to our culture, the popularization of prenuptial agreements and presenting future spouses or common law partners with the possibilities of this agreement provides, can contribute to the avoidance of later property disputes. In this paper, the focus will, however, be on certain solutions that can help in situations where there is already a disturbance in the relationship between family members, that is between spouses or common law partners. Any attempt to calm the situation, or moderate and careful intervention in family relations, can primarily be achieved by insisting on certain alternative ways of resolving disputes. In addition, the existence of specialized judges, as well as lawyers, who would implement significant changes in the education system of future lawyers, but also in the field of practice, can also greatly contribute to this goal. Finally, certain changes in the field of family substantive law can also be of great importance. In that sense, this paper primarily focuses on certain solutions proposed in theory, their analysis in the context of Serbian legislation, as well as on possible further changes in domestic regulations. Namely, although some proposals have already found their place in the positive legislation of Serbia, it remains uncertain to what extent these provisions have been applied and whether they really contribute to maintaining stable family relations in situations when relations are seriously disturbed.Kovaček-Stanić Gordana B.Samardžić Sandra O.University of Novi Sad, Faculty of Lawarticlefamily lawmediationexercising parental responsibilityfamily disputesLawKENSRZbornik Radova: Pravni Fakultet u Novom Sadu, Vol 55, Iss 1, Pp 25-45 (2021)
institution	DOAJ
collection	DOAJ
language	EN SR
topic	family law mediation exercising parental responsibility family disputes Law K
spellingShingle	family law mediation exercising parental responsibility family disputes Law K Kovaček-Stanić Gordana B. Samardžić Sandra O. Does (family) law protect family?
description	Although we cannot ignore the fact that the law in some way affects the family from the very beginning by determining who is considered a family member, what are their mutual rights and obligations, how certain relationships are formed and how they end, modern understanding of the family, however, necessarily implies respect for the extremely wide field of family, that is parental autonomy. Such an understanding could, in the most extreme form, result in an almost complete absence of responsibility of the state or the legal system for everything that happens in the family. In this sense, there are very weak formal legal obligations of the state in taking an active role in strengthening the family, and in practice there is virtually no involvement of the state in strengthening ties within the family before certain problems arise. On the other hand, if someone has the potential to protect the family and its members, then it is certainly the legal system. The protection of the family must not be reduced only to the question of how to do it, but also at what moment or whether the protection and development of healthy family relationships must be an issue to be addressed much earlier, even before the family is formed. In that sense, counseling or conversations with competent persons, can be of special importance. Also, although they are relatively foreign to our culture, the popularization of prenuptial agreements and presenting future spouses or common law partners with the possibilities of this agreement provides, can contribute to the avoidance of later property disputes. In this paper, the focus will, however, be on certain solutions that can help in situations where there is already a disturbance in the relationship between family members, that is between spouses or common law partners. Any attempt to calm the situation, or moderate and careful intervention in family relations, can primarily be achieved by insisting on certain alternative ways of resolving disputes. In addition, the existence of specialized judges, as well as lawyers, who would implement significant changes in the education system of future lawyers, but also in the field of practice, can also greatly contribute to this goal. Finally, certain changes in the field of family substantive law can also be of great importance. In that sense, this paper primarily focuses on certain solutions proposed in theory, their analysis in the context of Serbian legislation, as well as on possible further changes in domestic regulations. Namely, although some proposals have already found their place in the positive legislation of Serbia, it remains uncertain to what extent these provisions have been applied and whether they really contribute to maintaining stable family relations in situations when relations are seriously disturbed.
format	article
author	Kovaček-Stanić Gordana B. Samardžić Sandra O.
author_facet	Kovaček-Stanić Gordana B. Samardžić Sandra O.
author_sort	Kovaček-Stanić Gordana B.
title	Does (family) law protect family?
title_short	Does (family) law protect family?
title_full	Does (family) law protect family?
title_fullStr	Does (family) law protect family?
title_full_unstemmed	Does (family) law protect family?
title_sort	does (family) law protect family?
publisher	University of Novi Sad, Faculty of Law
publishDate	2021
url	https://doaj.org/article/bfa3476e77a24fcba1a8da2cc5ea695c
work_keys_str_mv	AT kovacekstanicgordanab doesfamilylawprotectfamily AT samardzicsandrao doesfamilylawprotectfamily
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Does (family) law protect family?

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