FAMILY LAW:
Family Law
Family Law
Study: Law - 3. semester
Code: 79150
ECTS: 8.0
Course coordinators: prof. dr. sc. Dubravka Hrabar
prof. dr. sc. Aleksandra Korać Graovac
prof. dr. sc. Irena Majstorović
Lecturers: doc. dr. sc. Anica Čulo Margaletić - Lectures
doc. dr. sc. Ivan Šimović - Lectures
Basic data
Family Law Law - 3. semester
8.0 79150
Lecturer in charge Consultations Location
prof. dr. sc. Dubravka Hrabar

Tuesdays from 10,00

Trg Republike Hrvatske 3, room 27/II
prof. dr. sc. Aleksandra Korać Graovac

Tuesdays 10.30-12 am

Trg Republike Hrvatske 3, room 29/II
prof. dr. sc. Irena Majstorović

Thursdays 10-11,30

Trg Republike Hrvatske 3, room 28/II
Lecturer Consultations Location
doc. dr. sc. Anica Čulo Margaletić (Lectures)

Thursday, 10-11.30 am

Trg Republike Hrvatske 3, room 38
doc. dr. sc. Ivan Šimović (Lectures)

Wednesday, 10.30 - 12 am

Trg Republike Hrvatske 3, room 301/III
Literature
Josipović, T. (ed.); Family law, u: Introduction to the Law of Croatia; Kluwer Law International (2014), str. 217-243
Jakovac-Lozić, D. in: The International Survey of Family Law; Republic of Croatia in the Light of Legislative Reforms Related to Marriage and Other Forms of Family Life, u: The International Survey of Family Law; The International Society of Family Law (1999)
Hrabar, D. in: Die Rechtstellung nichtehelicher Lebensgemeinschaften - The Legal Status of Cohabitans; Legal status of cohabitants in Croatia; Max-Planck-Institut fur auslandisches und internationales Privatrecht (2005), str. 399-414
Korać, A. in: Marriage and Quasi-Marital Relationships in Central and Eastern Europe, from the 2006 Vienna Colloquium on Marriage; Pros and Cons: Family Policy and Legislative Dilemmas in Regulating De Facto Unions; BUY Academic Publishing (2008), str. 237-251
Hrabar, D.; Children s Rights within the Family; International Journal of Children s Rights (2009), str. 1-23
Hrabar, D. in: The International Survey of Family Law; Facing Family violence - A Family Law Answer to the Child s Protection; The International Society of Family Law (1997), str. 127-135
Hrabar, D. in: The International Survey of Family Law; The Reform of Adoption Law - a Chance for Better and More Adoptions in the Light of Children s Rights; The International Society of Family Law (2000), str. 109-117
Hrabar, D. in: The International Survey of Family Law; The protection of weaker family members - The ombudsman for children, the same sex unions, family violence and family law; The International Society of Family Law (2004), str. 111-122
Description
The most important issues analysed during the course are: concept and characteristics of family law, family law relationships, the status of family law in the legal system, marriage law (notion, development), extramarital unions, relationships between parents and children, children s rights, adoption, guardianship, maintenance, property relationships and European family law. The starting point are Croatian family law provisions, which form a basis for further discussions, mostly regarding universal and comparative topics.
Aims of the course include:
1. Inform the students of the basic institutes of family law and their permanent value in contemporary society
2. Present to the students the most important family law issues, introduce them with the trends in family law development as well as to focus on the significance of respecting the fundamental family law principles as preconditions of proper regulation of intimate relationships between family members
3. Promote the values of tolerance and the rule of law
Exam dates
Detailed data
Cognitive Skills:

Having successfully finished the course, the student shall be able to:

Knowledge

- define the importance of the most important family law institutes within the legal

system

- define open questions

- list the most important family law institutes

- name the fundamental principles of family law regulation

 

Understanding

- discuss important social and legal topics

, on the basis of valid legal

arguments

- describe the contents and scope of particular family law institutes

- explain the meaning of passing the family law regulations, as a means of

intervening in the relationships between family members

- report on the open questions, on the basis of the legal analysis

- identify the trends in family law

- recognise the basic characteristics of the most important institutes of family

law

Application

- interpret family law provisions

- use current professional literature

- demonstrate knowledge and skills acquired during the studies

- demonstrate high level of understanding of family law provisions

 

Analysis

- distinguish basic and permanent characteristics of family law institutes from

the variable ones

- analyse the meaning of a particular legal provision and its consequences

- compare universal family law provisions during history to the contemporary

state

- select key questions in which family law systems require improvements

 

 

Synthesis

- propose the needed changes of family law systems de lege ferenda

- formulate basic challenges family law is facing

- construct new models of functioning of state bodies in family law matters

- assemble relevant court practice of European courts (European court of

human rights and European court of justice) in regards important family law

institutes

 

Evaluation

- judge the quality of legislative changes and practical procedures

- assess the advantages and shortcomings of family law systems de lege lata

- evaluate one's standpoints from the viewpoint of tolerance

- assess the quality of common European family law principles

Practical and Generic Skills:

After successfully completing the course, students will gain:

 

- competence to critically assess the most important family law issues

- competence to reach legal conclusions independently

- competence to understand the similarities and differences in European family

law systems

- competence to assess the challenges of harmonisation and unification of

family legislation in Europe

Matching Assessments to Learning Outcomes:

Students are supposed to actively participate in group discussions during lectures, regarding the beforehand defined topic. The students are supposed to prepare for each class and to provide their contribution, which is systematically evaluated. Students are encouraged to prepare presentations regarding interesting family law topics as well. Written examination is the test of knowledge with the open questions in the form of an essay. The student is expected to show good knowledge and understanding of family law.The oral examination in general represents more than accurate reproduction of the learnt facts. The student is expected to understand basic family law principles and institutes and to present valid argumentation of his/her conclusions. The final grade of the examination as a rule represents arithmetic mean of the results achieved on the written and the oral part of the examination. In case a student has achieved significantly better result in one of the segments, it is possible that the final grade is defined higher than the one deriving from mathematical calculation. Also taken into consideration, especially in border cases, is the contribution to the student to the group discussions during the lectures.