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-  2017 

From Joint Exercise of Parental Responsibilities to Sole Exercise of Parental Responsibilities and Backward – How to Protect Children's and Parents’ Rights

Keywords: right to parental responsibility, parental responsibility, exercise of parental responsibility, child’s right to parental responsibility, legal representation of the child

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Abstract:

Sa?etak This paper presents new family law regulations on the exercise of parental responsibilities after termination of the family union. After a brief legal-historical overview of domestic legislation development after World War II it is pointed out that new regulations on the exercise of parental responsibilities were created according to the German legal system model, but represent one step backward in guaranteeing the possibility for parents to exercise not only their right to parental responsibility, but also their human rights. The paper attempts to find causes of the radical change of the institute of the exercise of parental responsibilities, questioning the parents’ legal position according to the new legal regulations and offers proposals de lege ferenda

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