Divorce of marriage due to severe deterioration of marital relations: The creation of professor Mihailo Konstantinović
The article highlights the severe deterioration of marital relations as laid down for the first time in the Yugoslav Basic Law on Marriage in 1946 thanks to Professor Mihailo Konstantinović. Over time, different interpretations of some controversial issues related to the application of this provisio...
| Main Author: | |
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| Format: | Article |
| Language: | English |
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University of Belgrade, Faculty of Law, Belgrade, Serbia
2022-01-01
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| Series: | Anali Pravnog Fakulteta u Beogradu |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2022/0003-25652200265D.pdf |
| _version_ | 1797938648628330496 |
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| author | Draškić Marija |
| author_facet | Draškić Marija |
| author_sort | Draškić Marija |
| collection | DOAJ |
| description | The article highlights the severe deterioration of marital relations as laid down for the first time in the Yugoslav Basic Law on Marriage in 1946 thanks to Professor Mihailo Konstantinović. Over time, different interpretations of some controversial issues related to the application of this provision have appeared in legal literature and judicial practice; in the first place, whether the spouse who is responsible for the disruption has the right to initiate divorce proceedings, as well as how the exclusive responsibility for severe deterioration can be determined. On the other hand, the insufficiently precise provision on the consensual request for divorce opened the way for discussions about whether the Basic Law recognized consensual petition, which was resolved by judicial practice by interpreting that the joint petition was recognized and given the significance of divorce on the basis of an agreement between the husband and the wife. |
| first_indexed | 2024-04-10T19:03:01Z |
| format | Article |
| id | doaj.art-0ab666bb3f834333a361b1d754dc7273 |
| institution | Directory Open Access Journal |
| issn | 0003-2565 2406-2693 |
| language | English |
| last_indexed | 2024-04-10T19:03:01Z |
| publishDate | 2022-01-01 |
| publisher | University of Belgrade, Faculty of Law, Belgrade, Serbia |
| record_format | Article |
| series | Anali Pravnog Fakulteta u Beogradu |
| spelling | doaj.art-0ab666bb3f834333a361b1d754dc72732023-01-31T07:29:13ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932022-01-0170poseban26528710.51204/Anali_PFBU_22MK09A0003-25652200265DDivorce of marriage due to severe deterioration of marital relations: The creation of professor Mihailo KonstantinovićDraškić Marija0Univerzitet u Beogradu, Pravni fakultet, SerbiaThe article highlights the severe deterioration of marital relations as laid down for the first time in the Yugoslav Basic Law on Marriage in 1946 thanks to Professor Mihailo Konstantinović. Over time, different interpretations of some controversial issues related to the application of this provision have appeared in legal literature and judicial practice; in the first place, whether the spouse who is responsible for the disruption has the right to initiate divorce proceedings, as well as how the exclusive responsibility for severe deterioration can be determined. On the other hand, the insufficiently precise provision on the consensual request for divorce opened the way for discussions about whether the Basic Law recognized consensual petition, which was resolved by judicial practice by interpreting that the joint petition was recognized and given the significance of divorce on the basis of an agreement between the husband and the wife.https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2022/0003-25652200265D.pdfdivorcesevere deterioration of marital relationsbasic law in marriagemihailo konstantinović |
| spellingShingle | Draškić Marija Divorce of marriage due to severe deterioration of marital relations: The creation of professor Mihailo Konstantinović Anali Pravnog Fakulteta u Beogradu divorce severe deterioration of marital relations basic law in marriage mihailo konstantinović |
| title | Divorce of marriage due to severe deterioration of marital relations: The creation of professor Mihailo Konstantinović |
| title_full | Divorce of marriage due to severe deterioration of marital relations: The creation of professor Mihailo Konstantinović |
| title_fullStr | Divorce of marriage due to severe deterioration of marital relations: The creation of professor Mihailo Konstantinović |
| title_full_unstemmed | Divorce of marriage due to severe deterioration of marital relations: The creation of professor Mihailo Konstantinović |
| title_short | Divorce of marriage due to severe deterioration of marital relations: The creation of professor Mihailo Konstantinović |
| title_sort | divorce of marriage due to severe deterioration of marital relations the creation of professor mihailo konstantinovic |
| topic | divorce severe deterioration of marital relations basic law in marriage mihailo konstantinović |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2022/0003-25652200265D.pdf |
| work_keys_str_mv | AT draskicmarija divorceofmarriageduetoseveredeteriorationofmaritalrelationsthecreationofprofessormihailokonstantinovic |