FAMILY LEGISLATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80-00926A004600010022-8
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 52
• Document Creation Date: December 22, 2016
• Document Release Date: November 1, 2012
• Sequence Number: 22
• Publication Date: January 28, 1952
• Content Type: REPORT

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VLASJII-R.A1ION CONFIDENTIAL/US OFFICIALS ONLY/SEC
CENTRAL INTELLIGENCE AGENCY REPORT
INFORMATION REPORT
COUNTRY Yugoslavia
SUBJECT Family Legislation
PLACE
ACQUID
DATE
ACQUIRED
TH15 DOCUMENT CONTAINS 110FORMATION AFFECTING THE NATIONAL DEFENSE
OF THE UNITED STATES WITHIN THE MEANING OF THE ESPIONAGE ACT 50
U. 5. C.. 31 AND 32. AS AMENDED. ITS TRAMSMISSIOM OR THE REVELATION
OF ITS CONTENTS IN ART MAMMER TO AR UNAUTHORIZED PERSON IS PRO-
HISITED ST LAW, REPRODUCTION OF THIS FORM IS PROHIBITED.
CD NO.
DATE DISTR.04 Jan 52
NO. OF PAGES 1
NO. OF ENCLS.
(LISTED BELOW)
SUPPLEMENT TO
REPORT NO.
THIS IS UNEVALUATED INFORMATION
48--page pamphlet entitled New Yugoslav Law, Bulle-
tin on Legislation in the Federative People's Republic of Yugoslavia, published by the Asso-
ciation-of Jurists of the Federative People's Republic of Yugoslavia, Belgrade. This bulletin
contains four chapters as follows:
1. Editorial Comment
2. Notes on the Laws of Family Legislation
3. Legislation and Comments
4. Summary of Contents of Juridical Publications
CLASSIFICATION CONFIDM~TIAL/US OFFICIALS ONLY/SECURITY INMRMATIQN
LARMY AIR FBI
V_Mol_~O
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119
'Vladimir 8IMIG
Attorney; Cha iari of
the ' 'e~deral'
Cown~ i. ,g the a t l Asse~krbi~r 0 +
Dr Jovan' !]TQRME VI
Prof,esso^r.' At.,,,tlie F c4ty
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PUBLISH D Y THE: As8bC13 Q ', ; ~,1 R 7f f~
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NEIL Y~GOSI~V LQW
In this issue the Bulletin presents a summary of the new Yu-
goslav Family Legislation. The latter is first of all composed of four
federal laws. Heading the list is the Basic Marriage Law, which was
enacted soon after the FPRY Constitution took effect (1946). A year
after its promulgation the FPRY National Assembly was able to
proceed to the development of the system of family legislation on
new bases by enacting the Basic Guardianship Law and the Adoption
Law. Finally, at the fourth session of the FPRY National Assembly,
late in 1947, the Basic Law on Parents' and Children's Relationships
was also brought into being. These laws incorporate the basic. norms
regulating and consolidating marriage, guardianship, adoption and
the relationships between parents and children. They constitute the
principal components of our new Family Legislation and the com-
ponent parts, of the future federal marriage and family code.
Apart from the foregoing, in 1949-50' the national assemblies
of people's republics were responsible for the enactment of three
supplementary laws related to the same domain, viz. the Law on
the Convalidation of Previously Unrecognised Marriages, the Law
on the Discharge of Guardianship and the Law on Property Relation-
ships Between Marital Partners.
The Family Legislation of the Federative People's Republic of
Yugoslavia, as expressed and consolidated under the laws referred to,
embodies a series of novel features which set it apart from the family
legislation of former Yugoslavia.
In former Yugoslavia the norms serving to regulate the ques-
tion of marriage, guardianship and relationships between parents and
children were treated as a part of the Common Law, or even of
Civil Law. In the juridical system of that state the Family Legis-
lation occurred as an ingredient of Common Law or Civil Law, as
a component, that is, of that' legal arm which as a rule regulates
the property rights and the personal relationships of citizens. In so
far as it escaped ecclesiastical tutelage, marriage was conceived as a
purely private affair of citizens. The marriage provisions in capitalist
states are devised to regulate the question of property relationships
between spouses, the "ownership regime" and similar. The same cha-
racteristics are basically inherent also in other institutions coming
under family legislation, such as adoption, the relationships between
parents and children, etc. Here the guardianship emerges in all its
elements as a system of protection of the offspring's property rights.
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The relationships between parents and children, too, comprise tht' in-
human principles of absolute and tyrannical "paternal authority" and
the all too often egoistical and heartless concern for the subject of
property relationship rather than for the child's personality. itself.
Our new Family Legislation has been modelled upon fresh
and different principles, upon principles which are an elaboration of
the basic premises on marriage and family laid down in the FPRY
Constitution and which correspond to the social and state order of
a people's democracy founded on people's authority and the building
of socialism, on a principled congruity between the personal and col-
lective interests. As a result of this, the first new Yugoslav law from
the province of Family Legislation, the Basic Marriage Law, was
passed as an independent law. Not only was it technically separated
from the system of Civil Law but it also contains new concepts of
matrimony as a vital social institution of the people's community.
While leaving fully intact the civic liberties for the establishment
of matrimonial relations and of a joint conjugal life, our Marriage
Law, which in that direction elaborates the FPRY Constitution, con-
firms the principle that marriage enjoys the protection of the state
and that all legal marriage issues fall under the competence of the
state. All our other laws from the province of Family Legislation
are similarly 'designed as an' elaboration of the basic premises of
the Constitution: for the safeguarding of the family and the special con-
cern of the state for minors. For this reason, all such laws have
been developed with the clear perspective that the norms governing
family legislation are not of a civil-juridical type but that they pur-
sue the specific object of regulating the new, progressive and humane
matrimonial and family relationships in a people's state. Owing to
the momentous significance of matrimony and family in their bear-
ing on the life and development of our citizens and our youth, the,
Family Legislation in the new Yugoslavia has emerged as a separate
branch of your general positive legal system. It is with due regard
for this that our theory on the state and the law, as well as the
curriculums of our faculties of law, accord to Family Legislation the
rank and importance of a separate and independent branch inside
the general juridical system of the Federative People's Republic of
Yugoslavia.
Another notable feature of this legislation is that the most
important of its laws are in the nature of federal legislation and
as such.contain unified norms for the regulation and consolidation
of marriage and, family in the entire territory of Federative People's
Republic of Yugoslavia. Notwithstanding her state centralism, in for-
mer Yugoslavia there existed a great variety of juridical regulations
applying to marriage and family which consisted of extremely,dif-
fering ideological elements, ranging from the most primitive, patri-
archal and paternal conception of the family to the rationalist-capi-
talistic ideas on marriage and family as a juridical property com-
munity. This varying and contradictory ideological material was
regulated not only by means of state legal provisions, but also by
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the' canonical prescriptions of different creeds. All this combined to
encroach, inter alia, on the citizens' freedom of conscience, to rule
out full equality between the sexes and to introduce not merely
heterogeneity but truly chaotical conditions in the legal order. The
uniform regulation of marriage and family issues on new, progres-
sive and democratic lines over the whole territory of the state has
produced a consolidation of the freedom of conscience and worship
of our citizens, it has established full equality between women and
men and has done away with a host of archaic, contradictory, retro-
grade and humiliating institutions and elements inherent in the old
bourgeois family legislation of pre-April Yugoslavia. At the same
time our new Family Legislation was instrumental in reinforcing the
unity of our legal order, a unity of added importance where the re-
gulating of our citizens' matrimonial and family relationships is
concerned.
However, the uniform regulation of basic marriage and family
issues does not denote a complete equalisation in all matters pertain-
ing to this sphere or disregard for certain specific circumstances
and features existing in our people's republics. Already in the FPRY
Constitution the marriage and family legislation was duly classed
as basic legislation encompassing basic 'issues, and supplementary
questimns were left to be regulated in the independent jurisdiction
of our people's republics. Consequently, all the federal laws on mar-
riage and family, with the exception,of the Adoption Law, are in
effect basic federal laws. Individual aspects of marriage, guardian-
ship and relationship between parents and children, especially in
cases where the people's republics display some specific features
of their own, have already been covered by supplementary legisla-
tion of the people's republics themselves.
The laws setting forth the new Yugoslav Family Legislation
include a series of advanced solutions which for decades have been
advocated by democratic movements and progressive reformers and
thinkers. On the other hand, the foreign reader is bound to be struck
also by the adoption of some new :and original, solutions which had
been made possible by the profound social and spiritual transfor-
mation our country had been through, and which owe their rise to
the consistently democratic and socialist ideology and culture gra-
dually being realised on the accomplishments of their national revo-
lution by the Yugoslav peoples,.
All this at the same time goes to explain the fact that both
individual experts and scientific circles abroad have been taking an
interest in the new Yugoslav Family Legislation. It is hoped that
the present number of the Bulletin may serve to meet this interest.
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NOTES ON THE LAWS OF FAMILY LEGISLATION
1. - The novelty and importance of the Basic Marriage Law
consists in the first place in that it enforces civil marriage in the
whole territory of Yugoslavia.
It is perfectly conceivable and undisputable that, in so vital a
sphere of national life and its citizens' relationships as represented
by marriage, a new and progressive people's republic should have
been prompted to introduce the type of order and principles which
would correspond to the level of political, social and cultural develop-
ment it has attained. By virtue of this Law the complete jurisdic-
tion concerning marriage, which for historical reasons had been
under the tutelage of ecclesiastical institutions, is now transferred to
the competency of the state. Marriage is regulated by the state
through its legislation, and the first relevant and basic law in this
connection is the one here under consideration. The contracting of
marriage and the settlement of all the other relationships referring.
to matrimony are matters which have passed under the jurisdiction
of the state and the competent organs thereof.
Apart from these general considerations for the introduction of
compulsory civil marriage, which received such distinct and indubi-
table support during the all-nation discussion on the Constitution
both among the people and in the Constitutional Assembly itself,
the Constitution of the Federated People's Republic of Yugoslavia,
too, has proceeded to set down the basic marriage principles. In its
Article 26, paragraphs 1, 2 and 3, the Constitution expressly decrees
that:
"Matrimony and the family are under the protection of. the state.
The state regulates by law the legal relations of marriage and the family.
"A marriage is valid only if contracted before the competent
state organs. After the marriage, citizens may go-through a: religious
wedding ceremony.
"All matrimonial disputes come within the competence : of the
people's Courts. '
These basic norms of the Constitution have been elabrorated
by this Law. But the Marriage Law represents the realisation and
confirmation of yet other basic principles of our Constitution. It is
beyond dispute that the principle of freedom of conscience and the
separation of the church from the state '(Art. 25 of the Constitution)
can be safeguarded only through the introduction of compulsory
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civil marriage and by withdrawing in this province the competence
of all the other institutions. Similarly, the principle of equality of
our citizens "irrespective of nationality, race and creed" (Art. 21)
meets with corroboration and realisation under this Law as well.
Any attribution of importance to the religious moment and to varia-
tions in creed would assuredly jeopardize the equality of our citi-
zens. Further, the equality between men and women achieved during
the liberation struggle has been sanctioned by the Constitution.in
all spheres of cultural, political and social life here. In former
Yugoslavia, there were many gross violations of that equality
especially where marriage was concerned, the result being that
women frequently found themselves in a subordinate position. It was,
therefore, up to our new legislation, the legislation of a new and
progressive state, to make secure the woman's position and ensure
her equality with men.
It is worth recording that the marriage legislation. previously
in force represented the most puzzling juridical tangle imaginable.
In former Yugoslavia (1918-1941) and up to the Liberation, there
were six juridical territories possessing differing common law
legislation. In respect of marriage, these variations gave, rise to
complications because in the majority of our people's republics the
religious solemnisation of marriage was compulsory and, in view of
the existing multiplicity of creeds, this fact went to produce a veri-
table chaos in the sphere of marriage law. Beside the lay-civil law
we also had the ecclesiastical marriage law; side by side with the
competency of regular county courts we also had the competency of
ecclesiastical courts. Inside one and the same republic, as was the
case with Serbia, there existed a considerable difference between the
lay-state law and the ecclesiastical one, especially after the enact-
ment of. the Marriage Regulations of the Orthodox Church. Our new
Marriage Law spells the end of the chaos which reigned thus far.
With the introduction of uniform regulations prescribing
compulsory civil marriage our people's republic has not only made
manifest its profound and justified concern for this vital institution
of national life, but has even proceeded to resolve an issue which in
other states had been moved and settled by bourgeois revolutions
and civic democratic political forces. Even at the end of the 18th
century the ideologists of the French Revolution established that
marriage was a "bourgeois society" institution and that it belonged
within the exclusive jurisdiction of the state.
For historical reasons our people's republic has been called
upon to solve many issues which are otherwise settled by civic
revolutions elsewhere in. the world. One such issue is the laicization
of marriage, that is, the introduction of civil marriage. But, even
though with delay, the introduction of compulsory civil marriage in
the new Yugoslavia.has been brought about not only in positive
fashion but even with a higher degree of consistency and more
equitably, being carried out as it was . in a people's republic, in ? a
superior and. more progressive type of _democratic. state.
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These, then, were the fundamental causes which occasioned the
need for the enforcement of civil marriage and the new Basic Mar-
riage Law in the Federated People's Republic of Yugoslavia.
2. - The second basic feature of this Marriage Law occurs in
the form of the advanced matrimonial regime it sets! up. To some
extent our new Marriage Law stands out as a specific creation. It
unquestionably benefits by the experience of progressive countries
in that direction, but simultaneously it was drafted with due regard
for our reality, the degree of social and cultural development of our
peoples; as well as respect for. certain of their customs and tradi-
tions. All this has gone into the elaboration of our Law.
The principal novelties and specific marks presented by this
new matrimonial regime are mainly as follows:
F i r s t 1 y, in so far as the concept of marriage itself and its
substance is concerned, the point of departure of our Law is that
matrimony is an important aspect of joint life between men and
women. Further, matrimony, as the core of the family, has to be a
sufficiently stable union so as to preclude any anarchism and disorder
in family relationships. At the same time, however, it must be a
harmonious union which does not impair the freedom, individuality
and unobstructed development of the citizens' ,own personality.
The basic concept of matrimony under this Law is hence con-
trary both to the canonical conception of marriage as an everlast-
ing and "undissolvable" union and to the liberal-bourgeois formula
of marriage being "a contract between two parties of opposite sex."
Our Law rejects the first view because of its disregard for reality
which is -conducive to hypocrisy and torment and refuses to recog-
nise the second due to its frigid neutrality which breeds commercial-
ism and inequality in matrimonial relationships. The view our Law
takes is that marriage is a "lawfully regulated joint life between
man and woman." And, considering the general effects of such a
union on the life of the family and of the people's community, it
subjects it to a system both severe in its humaneness and charged
with responsibility and liabilities in its progressive liberality. The
type of marriage system set up under our law is modelled on scien-
tific concepts of matrimony and it meets the requirements and tasks
faced .by our people's community in this phase of the Yugoslav soci-
ety's historical development.
S e c o n d l y, the equality of spouses as regards rights and
obligations is fully endorsed. On the strength of its being best suited
to the object of marriage, i. e. the creation of a harmonious joint life
between man and woman, this type of equality has been applied both
to the spouses' mutual relations and to their relations toward their
children. This signifies a vast accomplishment of democracy and it is
the subject of an explicit provision of our Constitution, which ensu-
res complete equality betwen men and women in all. domains of
social life.
As for the personal matrimonial relationships, the Law lays
stress on the principle of mutual cooperation and both-sided free
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agreement between the conjugal partners. They make joint deci-
sions on domestic issues and the location of their common residence.
The wife is enabled to preserve her individuality also in that she may
keep her own family name. Extending the reciprocity of rights and
cooperation between spouses to all the basic matrimonial relation-
ships, the Law decrees that paternal authority be equally shared by
the father and mother. The latter also exercise identical rights and
duties toward their children.
In the matter of matrimonial .property relationships the Law
lays down the separation of property held by the respective partners
at the moment of contracting marriage as the legal regime, since
only in this way could the full conjugal equality of the wife be
safeguarded, an equality coinciding with the economic and legal
status enjoyed by women in the society of today. Making due al-
lowance for the fact that during coverture the, wife may contribute
to the family budget not only as a manual or intellectual wage-
earner outside her home but that she also contributes to the upkeep
of the household, the education of children, etc. by her housewife's
chores, the property accruing during matrimony is ruled to be the
joint property of the husband and wife and the regime of community
is applied to it.
T h 1 r d 1 y, on the subject of conditions to marry the Law is
guided by medical considerations, the circumstances of our people's
social and cultural development and the experience -of progressive
countries. The chief material condition to marry is the free will of
the prospective parties, who have to be of age, i. e. not younger than
18. At the same time, however, opportunity is provided for the court
to approve or sanction such marriages which, for medical and other
considerations, may be stable even though contracted between indi-
viduals still under 18.
As regards kinship as a hindrance to marriage, the Law adopts
the view, otherwise beyond dispute in contemporary society, that
direct. consanguinity alone, between parents and children, grandf a-
ther and grandmother and grandchildren respectively, etc., should be
an absolute obstacle to valid marriage. Equally absolutely barred
as being within the prohibited degrees of consanguinity are mar-
riages in the so-called latteral line up to the third degree, or,. expli-
citly, between the following: brother and sister, step-brother and
step-sister, uncle and niece, aunt and nephew. Only a relative ban
exists in connection with .marriages within the fourth degree of the
latteral line, such as first cousins and step-brothers' and step-sisters'
children, and, upon consideration of prevailing popular concepts and
usages, the court may grant marriage licenses in such cases. The
same applies to relatives through the next of kin of wife in the first
degree who may also be granted approval by the court to marry.
This Law has been instrumental in introducing uniformity with
respect to conditions to marry in our country where widely varying
regulations hitherto held sway. On the one hand, the Orthodox Church
had a harsh system applying to consanguinity as a condition to
marry while the remaining religious communities had other views
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on the subject and prohibited marriage only up to the third degree
of consanguinity in the iatterai line, on the other. Our new system
complies both with modern medical concepts and the own notions
of our people; approving at the same time certain departures in
actual practice subject to the customs and traditions prevalent in
individual parts of the country.
F o u r t h 1 y, in the matter of conditions for the cessation of
marriage our Law considers that only such marriages which lack
the basic conditions for their existence, meaning the agreement of
two individuals of opposite sex to contract marriage, and the lat-
ter being solemnized before the competent state organ, shall be
treated as non-existent marriages, i. e. uncontracted ones. Any other
marriage is subject either to nullity on the grounds of explicitly spe-
cified causes under the law or else divorce may be granted by court
decision.
In the question of conditions for divorce the Law follows the
basic concept that marriage should be made a stable and concur-
rently harmonious union. Hence, the Law, while enumerating
certain special and generally approved cause for divorce on the one
hand; also contains a general provision most broadly formulating the
same causes in such a way as to, enable petitioning for divorce even
"when, due to incompatibility or lasting disagreement, or irrepres-
sible hostility, or for any other reason whatever the marital relations
are so upset as to render joint life of spouses unbearable." The court
is 'thus given wide scope for considering and admitting as causes for
divorce even such facts which were hitherto rejected in divorce pro-
ceedings. There is a special provision to the effect that joint conjugal
life shall be deemed unbearable subject to both parties petitioning
for divorce in agreement. This makes. .it possible to take into account
the real conditions existing between husband and wife. It is a fact
that even until now, in so far as they failed to obtain a divorce in
fraudem legis, couples proceeded to a factual separation by agree-
ment for reasons not recognised by law, or else one party deserted
the other due to the impossibility of getting on together. The Law
provides for such situations to be legalized through a proper divorce
arranged in court.
As for the consequence of divorce upon children, the basic at-
titude adopted by the Law centres on their protection and the main
,responsibility for their welfare is vested in the court. The fact that
child protection forms the focal circumstance in divorce proceedings
brings out still further the humaneness and seriousness of the new
divorce system.
F i f t h l y, on the subject of form the contracting of marriage
should take the Law, conforming to the Constitution, appoints the
people's committee in charge of registers as the competent state agen-
cy in relation to marriage contracts. The solemnisation of marriage
before the people's committee, represented in the person of its Pre-
sident or a committee member on such occasions, is not tantamount
to plain registration of -marriage vested with nothing beyond. a de-
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claratory significance, but truly personifies s substantive and consti-
tutive element. Aside from that, the Law makes provision for appro-
priate solemnity of the ceremony by calling upon the Pressident of
the particular people's committee to read to the newly-weds Chapter
I of the Law concerning the rights and duties of spouses. In addition
to that, it is left to the ligislation of individual people's republics to
include also the observance of certain popular customs within the
marriage ceremony.
3. - The Law under reference was enacted on the basis of
powers granted to the National Assembly under the FPRY Consti-
tution (Article 44, point 23) to pass basic legislation in. the sphere of
marriage law. In its entirety the Law is of a new - basic - type.
It is a Law on the basis of which the assemblies of individual people's
republics are entitled to supplement the marriage regime in their
own territories adapting it to meet the customs, features and tradi-
tions of each people while at the same time safeguarding the unity
of the fundamental principles of marriage legislation in the territory
of the Federal People's Republic of Yugoslavia as a whole.
In so far as the application of foreign legislation is concerned,
the Law adopts in principle the points of the Hague Convention in
a spirit of reciprocity and international solidarity. The conditions
for the marriage of foreign nationals are evaluated in the light of the
legislation in force in their own countries. At the same time, how-
ever, our organs in charge of marriage contracts shall observe the
provisions of our Law when considering the obstacles issuing from
the existence of previous marriages, consanguinity, mental defficien-
cy and incapacity for reasoning, as well as the form of marriage
itself. On the other hand, marriages contracted by our nationals
abroad in compliance with the legislation prevailing there shall be
treated as valid as regards form, barring cases where both parties
are our citizens having their domicil in the Federated People's Re-
public of Yugoslavia (Clause 84).
Finally, while placing marriage and conjugal relations within
the jurisdiction of state organs the Law does not deprive the spouses
of the possibility of going through a religious wedding ceremony after
contracting marriage. Such a wedding, of course, is a matter of
personal relationships and ideas of each couple and it involves no
juridical consequences whatever. Consistently with this clause of our
Law, a religious wedding ceremony may not be performed unless
the necessary evidence is available of the parties having previously
contracted a valid marriage.
4. - In this important and delicate province of national life
the Marriage Law thoroughly elucidates and applies the principles
of our Constitution relating to the equality of citizens, the equality
of women with men "in all fields of state, economic and .social-
political life," the separation of the church from the state, the free-
dom, of consciousness and the protection extended to marriage and
the family by the state. Democratic and modern in its essence, this
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Law has been instrumental in introducing order, the requisite uni-
formity.and humaneness into such vital and day by dray relationships
of citizens as typified by marriage and marital relations."*
THE BASIC LAW ON THE RELATIONSHIPS BETWEEN PARENTS
AND CHILDREN
The Basic Law on the Relationships Between Parents and Chil-
dren forms a final legislative act in the development of the new
Yugoslav system of family legislation.
The new Yugoslav family legislation sees in the correct up-
bringing of children an undertaking which concerns the society at
large'.and the aim of which is to safeguard by its norms the pre-
paring and qualifying of children to become useful members of the
social community. While not overlooking the property interests of
children, it primarily proceeds to protect their persons and establi-
shes the necessary presumptions for their correct upbringing and
professional education. In order to realise the aims set, the provisions
of the Basic Law on the Parents' and Childrens' Relationships were
in the first place drafted to protect the children's interests, with
safeguards of the parents' rights from which simultaneously issues
forth their duty of looking after the person and the privileges and
interests of their minor children.
The basic presumptions for the solving of particular issues
posed by this Law are contained in the general principles of the
FPRY Constitution. The legal institutes from the sphere of family
* Initially the Basic Marriage Law lacked special provisions on mar-
riage contracts involving domestic and foreign citizens respectively in. the
territory of the Federated People's Republic of Yugoslavia. This gap was
eliminated by the Law Supplementing the Basic Marriage Law of April 28,
1948 ("Official Gazette of the Federated People's Republic of Yugoslavia,"
No :16 of May 1. 1948).
Considering the part played by marriage as a social institution enjoying
the protection of the state, also the fact that marriage exercised an influence
on the personal status of citizens, the new Clause 24a provides for alternative
decisions concerning marriage contracts in our territory between domestic and
foreign citizens subject to the type of category within which such foreign
citizens are included.
An obstacle to marriage between domestic and foreign citizens respec-
tively occurs in cases where the latter, either on business, official errand or
in a private capacity, are temporaraily resident in the territory of the Federa-
ted People's Republic of Yugoslavia, in which event no marriage may be
contracted between such individuals.
Marriages between our citizens and the foreign citizens who do not
belong to the above category respectively are subject to the prior approval
by the FPRY Ministry of Justice. The necessary licenses may be granted indi-
vidually or to determinate groups of individuals.
However, the Law does not pose any separate stipulations concerning
the marrying of our citizens to foreign citizens who have been resident in
our -country since before April 6, 1941, and who are at the same time farmers,
or employed by government offices, institutions or enterprises, or by social
organisations, or who, are holders of tradesman's or artisan's permits. Conse-
quently, no marriage license issued by the FPRY. Minister of Justice is needed
where such foreign nationals are involved.
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legislation forming the subject of this Law have been elaborated in
the sense of those principles and in the spirit of progressive concepts
adapted to the level of development reached by our new socialist
order.
1. -- In view of the close consanguinity existing between pa-
rents and children, of the relationship stemming from it and the
very nature of the family community, the parents are granted the
right of caring for their minor children. By their substance such
parents' rights are at the same time the equivalent of duties estab-
lished in the children's interest. The unity of such rights and duties,
constituting the parental right, and the fixing of the latter in the
children's interest, is characteristic of the essential difference be-
tween the rights of the parents and the -old institution of "parental
authority", which used to be exercised by the parent, the father as
a rule, over children in the name of his autocratic power inside the
family.
Parental right differs from "parental authority" also.in that
it belongs to the father and mother jointly and that it is exercised
by them in agreement. In this way the principle of equality of
women with men, established in Article 24 of the FPRY Constitu-
tion, has been accorded consistent application in this province of
family law. Both parents, the father and the mother, are made equals
without any restrictions in their rights and duties toward children.
By rendering the mother and the father equals the inequality of
the mother to the father has been eliminated from the parental right
after being contained in the concept of "parental authority" as an
expression of conservative ideas actually denoting the fahter's
patriarchal authority in the family. The introduction of such equality
indubitably represents the consolidation of parental care for the
children.
The parental right is not shared by the father and mother but
integrally belongs to both of them together. For this reason it is exer-
cised by them in_ agreement. The only exceptions to this provision
occur where one parent is defunct or is unknown, or when he is
sentenced to the loss of parental right, deprived of the latter or of
his working capacity respectively, in which cases the parental right
belongs to the other parent who exercises it on his own. The parental
right is further exercised by one parent alone in the event of the
other one being prevented to do so, as in the case of divorce or
nullity of marriage, when the parental right is exercised by the
parent.who was given the custody of the children to attend to their
care and education.
The substance of parental right consists of the ..parents' rights
and duties to look after the person and the rights and interests
of their minor children. The parental right therefore covers the care
and maintenance of children, due atention to the well-being and
health, upbringing, education, professional training and represent
ing of children, as well as the management of their property. The
parental right has as its object to ensure the correct upbringing of
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children with the ultimate aim of their becoming useful and con-
scious citizens of their homeland.
The parental right ceases with the child's coming of age, and
prior to. that only in the event of its contracting marriage. Upon the
cessation of parental right the child acquires complete business
faculty. Our new family legislation does not recognise the institu-
tion of the minor's proclamation to have come of age previous to
his actually having done so, there being no need whatever for an
institution of this type in view of the former 21-years age limit
having been reduced to 18-years, and of the fact that upon the mar-
riage of a minor the parental right ceases and he ,acquires complete
business faculty. In order to safeguard the child's interests, however,
the Law envisages the possibility for a continuation of the parental
right even after the child's coming of age in the event of its suffer-
ing from impaired intellectual and physical faculties which make
it incapable to look after its own person and its rights and interests.
The institution of continuation -of the parental right is justified in
such cases since the alternative would be to place such defficient in-
dividuals under tutelage while -obviously it would be more opportune
for the parents to proceed with their care rather than to appoint a
tutor. The decision on the continuation of the parental right may be
passed by the court exclusively upon the proposal of the parent or
the guardianship agency. Subject to the parental right being extended
the court must decree the cessation of this right as soon as the causes
which prompted its continuance in the first place disappear.
The parental right is a right belonging to parents and granted
them in the interest of the children. The parents therefore have
this right withdrawn from them only when it proves detrimental to
the children's interests. In such instances a parent may be deprived
of this right. Subject toy abuse of the parental right: or gross neglect
of parental duties, parents, may be deprived of this right by court
decision through non-litigious procedure. The same right may be
restored to parents by court decision 'in the event of cessation of the
causes which prompted its withdrawal. The latter, on the other hand,
does not engender a cessation of the partens' obligations to provide
for their children, nor does it affect their other material obligations
toward their children.
2. - Coming to the fore in the old Yugoslav law was the deca-
dent prejudice about the reduced worthiness of children born out of
marriage as members of the community, which gave rise to ine-
quality between them and the. children born in marriage both in
respect of their mutual rights and the duties of parents and children.
The Law on the Parents' and Childrens' Relationships has rejected
.this legal discrimination affecting children . born out of marriage,
sanctioning in this province of family law their equality with the
ones actually born in marriage. Observing the principle inspiring
Article.26, paragraph 5, of the FPRY Constitution, the Law has been
responsible for. the consistent and complete implementation of equa-
lity of both those categories of children, and this goes both for their
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NOTES ON THE LAWS OF FAMILY rights and duties toward the parents and the latter's rights
duties toward their children.
Considering the Constitutional prescription placing marriag
family, as the vital institutions of social life, under the protecti
the state, and that the Law on the Parents' and Children's Rela
ships has as its object their consolidation, the said equalisation
and
e and
on of
tion-
could
not have tended toward the weakening of those institutions. There-
fore, in so far as it comes into consideration in this sphere of family
law, the equalisation of the legal status of children born out of mar-
riage with that of children born in marriage has been carried out
merely in their relationships toward their parents and not in rela-
tion to their parents' next of kin, too, which would be conducive to
the weakening of marriage and family.
However, the law extends the circle of legitimate children by
envisaging cases where children begotten or born out of marriage
are regarded as legitimate children, as well as cases in which children
born out of marriage may be declared legitimate. The legal presump-
tions on the legitimacy of children have been rested on a broad basis
and a child born during matrimony or three-hundred days after the
cessation of matrimony is considered as legitimate irrespective of
whether it was begotten while the marriage still subsisted.. Beside
this, a child not born in marriage is declared legitimate subject to
his parents having intended to contract marriage and having been
prevented to do so through the death of one of them or.by a hindrance
to marry arising following the begetting of the child. Children born
or begotten out of marriage and which are considered as legitimate
by law, as well as those born out of marriage and declared legitimate,
are made in all their rights and duties the. equals of children born
in marriage, both in their relation to their parents and to the latter's
next of kin.
3. -- In the old Yugoslav law the institution of establishment
of non-marital paternity was not uniformly regulated. Two basic
trends prevailed, one of which approved and the other proh.i,bitted
the establishment of paternity to the accompaniment of different
variations, restrictions and deviations. The prohibition of establish-
ment of paternity was chiefly the expression of conservative social
concepts, of paternal-family ideas, inequality of women with men
and cruelty toward "illegimnate" children, which were left without
any protection.
Appreciative of the present stage of development of our new
social=economic order, the Basic Law on the Parents' :and Children's
Relationships does approve the establishing of extra-matrimonial
paternity. An antithesis to the old system, in our present=
day conditions of development it corresponds to progres-
sive socialist thought and assumes new substance in relation
to the identical institution of bourgeois law. Its object is
not confined to ensuring the support of children born out of mar-
riage - which happens to be the sole purpose of the same institution
under the old law - but pursues even the realisation of other legally
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decreed duties of fathers toward their children and vice versa, as
well as the determination of the children's legal status.
In granting the establishing of paternity in the child's interest
the law gives the widest possible scope in the matter while at the
same time confining the relevant right to the individuals most direct-
ly concerned. Entitled to file such complaints are, within determinate
time limits, mothers during their exercise of the parental right, the
guardian of the child with the approval of the guardianship agency,
and the child itself upon the acquisition of business faculty.
The Law similarly advances the presumptions connected with
the paternity of children born out of marriage. The individual re-
cognising such a child as his own, or whose paternity had been
established by court decision, shall be considered as its father. The
validity of recognition is subject to agreement by the mother, or, in
the event of her death or disappearance, the guardian of the child
with the approval of the guardianship agency. Such agreement has
been decreed in the interest of children to preclude the possibility
of the real fathers evading responsibility toward, their children by
having others impersonate them as such, and also for the purpose
of affording moral protection to mothers. In the event of such agree-
ment being withheld by the mother, the individual recognising the
child as his own may file a complaint for a decree that he was the
actual father.
In adopting the principle of material truth for the protection
of the right and interests of children, the Law approves the contest-
ing both,of matrimonial and extra-matrimonial paternity. Matrimo-
nial paternity may be contested by the father, mother and child, and
the extra--matrimonial one by the mother, child and the particular
individual who considers himself to be the child's father. Brief
time limits are specified for the filing of petitions contesting paterni-
ty, exception being made in. connection with children's petitions.
4. - With a view to the upbringing of children, the securing
of other related individuals and the consolidation of family ties, the
Saw establishes the obligation of maintenance among close relatives.
This obligation corresponds to the nature of relations between parents
and children, as well as between other individuals linked by close
ties of consanguinity.
The obligation of maintenance exists between parents and chil-
dren regardless of whether children had been born in marriage or
out of it, between other marriage relatives in the ascending and
descending lineage respectively, and between brothers and sisters
only in respect of maintenance of minor brothers and sisters. On ac-
count of the special nature of the parents' duties toward minor
children the parents are responsible for the maintenance of their
minor children irrespective of the latter's property circumstances and
their working capacity, whereas the maintenance obligation toward
other close relatives exists only inasmuch as they are incapable to
work and lack sufficient resources of their 'own.
Although not linked by consanguinity, the step-children and
the step-fathers and/or step-mothers more often than not live in a
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same family community for which reason the Law decrees their
mutual obligation of maintenance only in determinate cases.
5. - The parents have the right and the duty to attend to the
bringing up of their children. The state, however, is especially con-
cerned with the correct upbringing of children, their preparation and
qualifying to become useful and conscious members of the com-
munity. For the sake of implementation of the protection extended
by the state to minors in the sense of Article 26, paragraph 6, of
the FPRY Constitution, the Law makes provision for supervision,
within indispensable limits, by guardianship agencies over the exer-
cise of ,paternal right.
The guardianship agency is authorised and bound to under-
take the measures called for by any of the child's 'interests. Thus, it
passes decisions. in cases of the parents' disagreement on individual
issues concerning the exercise of their parental right, and it may take
children from the custody of parents in cases foreseen by law, and
send 'them to educational or reformatory institutions; further, it
grants approvals to parents for actions subject to such approval, e. g.
concerning the alienation and mortaging of children's property; sub-
mits proposals to the court in cases foreseen by law; it may also
order the parents to render accounts regarding the management of
children's property, etc.
The supervision by guardianship agencies over the exercise of
the parental right is not aimed at restricting the said right, but at
assisting the parents in the correct bringing up of their children and
the safeguarding of the latter's interests. The parents are granted
the fullest initiative in that respect and any intervention by the
guardianship agency in the discharge of supervision occurs exclu-
sively in cases explicitly envisaged by law or when this becomes
indispensable as a safeguard of the children's rights and interests.
The Basic Law on the Relationships Between Parents and Chil-
dren forms one of our important federal laws; it is the first and prin-.
cipal Yugoslav law concerning legal family relationships. Basically,
it has a dual significance and is unique in its duality. It comprises
norms which go toward the consolidation of family relationships of
import to the citizens and the society alike, and it simultaneously
coordinates in this sphere of family law the interests of citizens with
those of society. In addition to this, the Basic Law on the Relation-
ships Between Parents and Children makes secure the correct edu-
cation,of youth, which represents the force and the token of the new
Yugoslavia's future as a people's state.
NOTES ON THE GUARDIANSHIP AND ADOPTION LAWS
1. Guardianship
The enactment of the Basic Guardianship Law right after the
Marriage Law was engendered not only by the need for the further-
ing of our family law but equally by certain immediate tasks which
confronted our people's state after the war. Large numbers of
children were rendered destitute during the liberation war. Accord-
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ing to incomplete data, the total of such children, including. minors,
amounted to over 280,000' in the whole. territory of Yugoslavia. Even .
while the liberation struggle was still in progress and immediately
afterwards the competent state organs made every effort to extend
protection and relief to such individuals. who, in the majority "of
cases, were the orphans of killed fighters and victims of fascist
terror. However, the problem of systematic and orderly care for
minors in need of protection by the state called for the enactment
of a unified law establishing uniform and new positive principles
for the organisation and effective functioning of guardianship in the
whole territory of Federated People's Republic of Yugoslavia. It
was similarly necessary to set up such a unified guardianship law
since, until it had been enforced, we had six different juridical ter-
ritories having more or less varying regulations on the subject of
guardianship. That the institution of guardianship in our state should
rest on a uniform. basis and identical principles was quite con-
ceivable, but, while adhering to these leading points in drafting the
Basic Guardianship Law, the individual people's republics were
granted sufficient latitude to enact supplementary legislation with
the object of bringing guardianship into line with their own specific
circumstances and features.
In its closing paragraph, Article 26 of the FPRY Constitution
provides that: "Minors are under the special protection of the state."
The Guardianship Law on its part laid down the principles and
means for exercising such protection over minors. The Law similarly
provides for the application of guardianship to other individuals in
need of prolonged or temporary protection by the state, but the
institution of guardianship is mainly organised as a system of care,
protection and relief for minors.
The essentially changed role and character of guardianship
should be stressed to enable a proper understanding and implemen-
tation of the Basic Guardianship Law. As defined and constituted
under this Law, the function of guardianship substantially differs
from guardianship under the traditional legal system of capitalist
states. The function of guardianship in such states, as exemplified
by former Yugoslavia, merely represented a formal-juridical and
regulatory function. In substance, the care for minors still remained
a private matter, the domain of the kinsfolk's or authorised persons'
activity. The state, represented by the court as a rule, endeavoured
to protect the private, more often than not property interests of
minors, and to safeguard them from possible abuses by individuals
discharging "guardian authority". Under the new Law the function
of guardianship is of a. public character. The protection afforded by
the state through its guardianship organs does not cover the interests
of minors and other wards alone but is designed to include the
interests of the entire social community as well. In virtue of such
active and real: concern by the state for minors requiring protection,
of such harmony between their own interests and those of the society,
the function of guardianship . assumes a d ,i s t i n c t p u b 1 i c,
s o c i a l c h a r a c t e r. On the other hand, the new function -of
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guardianship introduced here does not denote any "etatisation" of
minors. The contrary is rather the case. All the legal provisions
concentrate on extending protection to minors and others placed
under guardianship for purposes of education and preparation for
socially useful activities while at the same time duly safeguarding
their rights and interests and making possible the development of
the natural leanings and qualities of such individuals. It is clear, then,
that with us guardianship is not, nor may it be, reduced to a formal
protection of property rights and interests, or to a simple regulatory
function. The object of guardianship is to afford a full measure of
protection and development to all minors regardless of their material
situation. It calls for complete educational measures, care and control
which would enable minor wards to become sober and able members
of the social community loyal to the people's state. This is clearly
emphasised in Clause 2 of the Guardianship Law.
Starting as it does from such a concept of guardianship and its
relevant objects, it is natural that the function of guardianship
should have been entrusted to state organs under this Law. The
organs of guardianship are the executive committees of district, town
or town-ward people's committees. The Minister of Social Welfare
of a people's republic may also transfer the jurisdiction in guardian-
ship matters to individual executive committees of local people's
committees. The placing of the function of guardianship within the
jurisdiction of local organs of state authority spings from the funda-
mental reason that such organs are the ones really called upon and
most competent to underake the implementation of guardianship
tasks in our country. The executive committees of people's commit-
tees are in a position to take real, effective and direct measures for
the protection of minors precisely because their jurisdiction covers
the founding and management of social and educational institutions,
as well as the application of social welfare measures in general.
Apart from this, the executive committees are in direct contact with
the masses of the people, acting as organs of authority under their
own initiative, and are as a result better placed to meet the tasks of
guardianship as compared with some other state agencies coming
into consideration (e. g. courts). The vast and responsible tasks set by
guardianship may best be discharged by agencies having the structure
and legal powers such as those inherent in active state organs vested
with self-initiative, the means and authority to undertake beneficial
and efficacious measures concerning the care, raising and education
of minors under guardianship. It is in this- light that the provision
of the Guardianship Law entrusting the social welfare services of
executive committees of district, town or town-ward. people's com-
mittees with the direct guardianship tasks should be considered. A
distribution of agenda of this type ensures a direct exercise of guar-
dianship in major district and town executive committees. In any
case, though, the executive committees of district, town or town-
ward people's a committees remain the guardianship agencies respon-
sible for guardianship affairs in their respective territories.
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By conceiving guardianship as an institution serving for the,
protection of those in need of it by the state, our Guardianship Law
has not ,accepted the former division of the function of guardianship
into two institutions: wardship and protectorship. Neither law nor
theory ever drew a. distinct line between these institutions and their
presence in, legislation and practice actually was more of a conven-
tional type than justified. The Guardianship Law rejects such dif-
ferentiation ,as needless since, in view of its being the product of the
historical development of the capitalist state, it could serve no
practical purpose in our legislation. The people's state extends pro-
tection to all the individuals in need of it through the unified insti-
tution of guardianship and is ever cognizant of the ward's perso-
nality and of his interests. In connection with all such underlying
principles, the Guardianship Law has based the entire activity of
guardianship agencies in such fashion as to afford maximum freedom
from red tape and complicated procedures characteristic of the
former guardianship legislation. The Law only sets the tasks and
establishes the ways and means to realise the protection of indivi-
duals under guardianship and refrains from coupling them with any
rigid forms and complex procedures which would only go to
obstruct the correct .and vigilant protection of the ward's interests.
Viewed in its entirety, the Basic Guardianship Law embraces
a clear system of tasks, activities and measures focused on the
implementation -of an active and humanitarian protection of citi-
zens in cases where social protection by the people's state is called
for.
2. Adoption
The Adoption Law differs both from the traditional provisions
on adoption practiced in other states and from the relevant pre-
scriptions of former Yugoslavia. The principles upon which the Law
is based coincide with progressive concepts. on adoption and the
underlying principles of our new family legislation, which treats
adoption not as a private affair but as one which fully concerns the
state community.
In contrast to the provisions -of civil law of civic states, the
Law does not proceed to place the adoption procedure within the
jurisdiction of courts but entrusts it to the guardianship agency legal-
ly charged with the care and guardianship of minors and the approv-
ing of acts affecting the latter's property and personal status respec-
tively. A procedure similar to the one applying to marriage is en-
forced in connection with adoption acts. The application for adoption
is subject: to the prior examination by the guardianship agency fol-
lowing which, provided the latter is satisfied as to the fulfilment of
legal stipulations and the prospective benefits of the adoptee through
adoption;. 'all such individuals whose agreement is required under the
Law shall be summoned to effect the adoption act. Subject to non-
fulfilment of the conditions decreed by law or of the proposed adop-
tion not being to the adoptee's benefit, such. agency may decide ,a-
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gainst the adoption act. Provision is made for appeals in such instances
The agreement of the adopter in conjunction with that of the
adoptee's representative, expressed before a state organ and con-
firmed by the latter, together form a valid act of adoption. The
participation of the guardianship agency in the adoption contract and
the possible cessation thereof represents a constitutive part of adop-
tion and-the corroboration of the fact that adoption has become a
public issue and is no longer a "private relationship" of individuals
exclusively.
Only minors are subject to adoption. The reason for this pro-
vision was "to improve the possibilities of the adoption becoming,
also a method of- children's social welfare." Individuals desirous of
effecting adoption can do so only with minors and, in a vast majority
of cases, this would involve such minors who lack social security.
and live under conditions more difficult than those the adopter will
be able to offer them.
Traditionally, in accordance with the legal rules of civic coun-
tries, only the individuals lacking legal descendants may proceed to
effect adoption. Our Law makes a departure from this rigid and
unjustified rule. Unquestionably there may be instances of individuals
having their own children being prompted by various motives to
extend parental care, and to bring up and educate another's child
The Law provides such individuals with an opportunity to adopt the
child of another.'Here, too, the tendency to utilise the institution of
adoption . as a means for the security of minors has made itself
decisively manifest.
With due regard for the fact that the establishement of. a.
parent-and-child relationship would only then be possible when
there i s an appreciable difference in age between the adopter- and
adoptee, the. law requires the adoptee to be at least 18 years the
adopter's junior. This means that only individuals who are of age
may effect adoption. Observing the same condition, the, Law bars
certain individuals from effecting adoption including those ruled:
morally .. disqualified 'by the court, or those whose state of health and
mode of life do not provide sufficient guarantee: that the. adoptee
could develop into a healthy, loyal and useful citizen under their
care.
Our Law establishes the principle that adoption gives rise to
the same rights and duties between the adopter,. on the _one. hand,
and the -adoptee and his descendants, on the other, as. those.prevail-
ing between parents and children. However, no legal relationship
whatever ensues between the adopter's descendants and. other rela-
tives, on the one hand, and the adoptee and his kinsfolk, on the
other. Similarly, adoption does not affect the rights of the adoptee.
toward his parents nor his duties toward them. The, adoptee, then,
obtains a new parent in principle, but his relationship toward his
parents is not subject to lapse. By becoming the child of the adopter
the minor assumes his family name unless otherwise agreed.
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Subject to the adopter possessing children of his own, the Law
provides for the adoptee's restriction or complete exclusion from
succeeding the adopter as heir. This consideration follows from the
fact that adoption may be effected even by individuals possessing
children of their own and who are reluctant to reduce their children's
share of inheritance in ' favour of the adoptee. Nevertheless, the
adopter's obligation to provide for the upkeep of the adoptee, to
educate him and represent him in a legal sense cannot be ruled out
since this would deprive adoption of any meaning and cause it to
become a formality wanting in any real significance as far as the
adoptee's own life is concerned. On the other hand, in order to pre-
clude adoption from paving the way to the adopter inheriting a well-
to-do adoptee, the law bars the former from being the latter's legal
heir.
Although the adoption relationship is a lasting one and may not
be contracted for a determinate period of time, the Adoption Law
nevertheless envisages the possibility of its cessation either by
agreement between adopter and adoptee or by decision of the
guardianship agency that the justified interests cf a minor adoptee
enjoin it, or upon the demand of either side subject to important
grounds. If cessation :of adoption should occur on the basis of agree-
ment between the adopter and minor adoptee, the guardianship agency
will simply sanction such agreement without proceeding to appraise
the utility of cessation of adoption to the minor. There are situations
when the cessation of adoption may prove of benefit to the adoptee
but as. a result of which his upke p may be brought into jeopardy. In
such cases the Law authorises the guardianship agency to determine,
with due regard for the particular circumstances, whether the adop-
ter shall be committed to provide for the adoptee's maintenance
until the latter comes of age. And conversely, subject to the adoptee
being incapable to provide for himself and lacking sustenance, the
Law may rule the adopter to be bound to assume his maintenance.
This reciprocity of obligations between the adopter and adoptee
forms a novelty characteristic of our new family legislation.
The Law also takes into account the factual relationships which
arose during the people's war of liberation and which only differ
from the legal adoption relationship in that they are not based on
the method and procedure prescribed by law. In such factually estab-
lished relationships the adopter and adoptee frequently fail to meet
the condition concerning the difference in their respective ages so
that the link established between the adopter and minor cannot
obtain its legal form and sanction under the law. Taking this into
account, the Law provides that the individuals between whom a
lasting relationship had been established during the people's libera-
tion struggle and which amounts to one of them extending parental
care to the other may within one year of the coming into force of
this Law contract adoption even where the adopter is not 18 years
the minor adoptee's senior.
It is to be emphasised that, just like in the province of mar'
riage and guardianship, the state is equally called upon not only
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to regulate adoption by law but even to take an active part in its
inception and cessation. Under state control, adoption is simultane-
ously made into an instrument of protection and welfare activities
which as a rule embrace destitute minors.
The vital importance of this aspect of the new Adoption Law
is best realised if it is borne in mind that, with the war and the
fascist ravages over, tens of thousands of destitute children found
themselves in need of care and protection. The regulations relating
to adoption will serve for this momentous problem to find a part
solution. If follows that, in virtue of supplementing the Basic, Guar-
dianship Law, the Adoption Law itself represents a new significant
measure for the welfare of youth and the protection of its rights and
future.
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LEGISLATION AND COMMENTS
THE BASIC LAW .ON MARRIAGE
(Published in the "Official Gazette of the FPR of Yugoslavia" N2 29/46, and
supplemented by the Law on the Amendment of the Basic Law on Marriage,
published in the "Official Gazette of the FPR of Yugoslavia" Ni 36/48.)
This Law contains ninety-eight articles covering an introduction. and
eight chapters: 1. Rights and duties of spouses; 2. Contracting of marriage; 3.
Invalidity of marriage; 4. Cessation of marriage; 5. Jurisdiction, complaints
and temporary measures in marriage suits; 6. Application of foreign laws; 7.
Criminal provisions; 8. Transitional and final provisions.
The introductory chapter gives the definition of marriage and provides
that the contracting of marriage and regulation of all relations ensuing from
marriage shall be entrusted to the competency of state organs defined by law.
It contains also provisions on the revocation and replacement of all previous
provisions on marriage.
1. - The husband and wife have equal rights in their matrimonial
union and must be faithful to each other and support each other. They have
the same rights and duties towards their children and must care together for
the maintenance and education of their children.
In entering into marriage the spouses may agree to take the surname
of the husband as their common surname or to retain their own surnames and
add to it that of the other spouse, if they wish so. If there is no agreement
as to their common surname, the children shall bear the surname of -their.
father. The declarations of the spouses as to their surnames shall be recorded
in the register of marriages.
The spouses shall decide jointly as to the management of theirs common
household and the place of their residence. They shall contribute to the
maintenance of their family according to their possibilities. A spouse who
has no means of subsistence and is incapable of work is entitled to be
maintained by the other spouse inasmuch as that spouse is in the position to
do so. Both spouses are independent in the choice of their work and occu-
pation.
Each of the spouses retains the right to independent management and
disposition of the property he had possessed at the time of contracting marriage
and is not liable for the obligations entered into by the other spouse before
marriage. The, property acquired through work by the spouses during their
married life is their common property. In case of dispute the share of property
of each spouse shall be determined by the court according to the contribution
of each one of them. Both spouses are liable for obligations incurred by either
of them for current needs of the household during their matrimonial life.
2. - For the contracting of marriage it is necessary that two persons
of different sex should declare in the presence of a competent organ and in the
manner prescribed by law that they agree to enter into marriage and that
there shall be no hindrance to it defined by law.
Matrimonial hindrances making a marriage invalid are the following:
consent to marriage elicited by duress or given in error; existence of a subsist-
ing prior marriage; mental disease or inaopacity of comprehending of either
person desiring to enter into marriage.
Consanguinity in direct lineage and in
degree, relations in law in the first degree,
indirect lineage up to the fourth
minority, relations of guardian
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and ward or adopter and adoptee among the persons desiring to enter into
marriage are also deemed hindrances for contracting marriage. Extra-matri-
monial consanguinity is also a hindrance to marriage. The district court may
approve a marriage despite the hindrances enumerated in this section if there
are important grounds for it, except in the case of consanguinity in direct
lineage and in indirect lineage up to the third degree. In the FPR of Yugoslavia
no marriage may be contracted between a Yugoslav national and a foreign
national living temporarily in Yugoslavia. A marriage between a Yugoslav
and a foreign national, except in the case mentioned above, may be con-
tracted in the FPR of Yugoslavia only with the previous permission of the
Ministry of Justice of the FPR of Yugoslavia. Such permission is not neces-
sary if a foreign national permanently resides in FPR of Yugoslavia and is a
civil servant or plies some trade.
The competent state organ before which marriage may be contracted is
the people's committee in charge of the register of marriages for the -territory
within which both betrothed persons or one of them reside or have their
abode. A national of the FPR of Yugoslavia residing or having his abode in
a 'foreign country may contract marraige before a consular representative or
a .dipl'omatic representative performing consular affairs on behalf of the FPR
of Ytiigoslavia in that country. The chairman of the people's committee or ?a
member' designated by the committee shall officiate at the marriage ceremony
on behalf. of the people's committee. The registrar shall also be present and
shall make entries into the register of marriages under the chairman's
supervision. Before performing the marriage ceremony the representative of
the people's committee shall satisfy himself that there are no lawful hindrances
to that marriage and shall caution the betrothed persons ?against all lawful
hindrances and impediments. It is his duty to refuse a marriage ceremony if
he establishes that such a marriage is not lawful. A complaint may be lodged
with a higher people's committee against the refusal of the competent state
organ to perform a marriage ceremony. No term is fixed for the filing of such
complaints,.
The marriage ceremony shall be performed in special official premises
assigned thereto, but, it may also be performed in some other place if the
betrothed persons require so and state important reasons for it. The mariage
ceremony shall be performed in the presence of both future spouses, two
witnesses, the chairman or designated member of the people's committee and
the registrar. Any major person may be a witness to marriage.
In especially justified cases the district people's committee within whose
area of jurisdiction the betrothed person resides or has abode may approve
of such a person contracting marriage by proxy, but only one of the parties
may be represented by proxy. His authorization must be issued in the form
cf public document and must not be older than three months.
Declaration of consent of the spouses shall be entered into the register
of marriages, which shall be signed by the spouses, witnesses, the chairman
of the people's committee and the registrar.
After celebrating their marriage the spouses may have their marriage
solemnized according to religious rules, if they so desire, upon producing the
extract from the register of marriages.
3. - A marriage contracted without previous fulfilment of the condi-
tions required for its existence is deemed inexistent. The spouses so married
shall be considered as if they had never married. But the children born in
such a marriage shall be deemed legitimate.
A marriage is void: if it is contracted during the subsisting of a prior
marriage of either of the spouses, unless the prior marriage had ceased in
the meantime; if it is contracted by a person suffering from mental disease or
a person incapable of understanding; if both parties or one of them and a
proxy of the other were not present at the marriage ceremony; if contracted
between persons related by blood or in-laws among whom marriage is prohi-
bited by law; if contracted by a person under 'duress or in error as to the
.person of the spouse; if the consent to it was given in error of some essential
..23
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qualities of the spouse, which would have prevented the other spouse from
marriage; if it was not contracted for the purpose of community of lives.
The right to bring the suit for nullity of marriage, excepting the case
of duress or error, belongs to the spouses and to all persons having direct legal
interest in nullity of the marriage, as well as to the public prosecutor. This
right is not subject to lapse unless otherwise specified by law. A suit for nul-
lity of a marriage contracted under duress or in error may be brought only
by the party affected by duress or error. No suit for nullity of marriage may
be brought a year after the ceasing of duress or discovery of error if the
spouses have lived together during that time. The right to bring a suit to have
marriage proclaimed inexistent or void does not descend on the successors, but
the successors of the plaintiff may continue an already started proceeding.
When a marriage is declared void its consequences cease from the day when
it was declared void.
When a marriage is declared void each of the spouses shall take the
surname he had had before marriage. Children born in a marriage declared
void are legitimate. Property relations between the spouses whose marriage
has been declared void shall be regulated as in the case of divorce, whereat
the spouse who was aware of the, existence of the grounds for nullity at the
time of entering into marriage shall be treated as a party guilty for divorce.
The spouse who hasp been unaware, :at the time of entering into marriage of
the disability for which the marriage is rendered void, shall retain the gifts
made for the purpose of marriage and is entitled to request restitution of
gifts he had made to the other spouse if that spouse was aware of the disability
for which the marriage is declared void.
4. ---- Marriage can be dissolved by the death of either of the spouses, by
civil proclamation of death of either of the spouses, and by divorce.
A suit for divorce may be brought: on the grounds of deterioration of
matrimonial relations to such a measure that common life has become unbear-
able (for instance: divergence in temper, continuous discord, unquenchable
hostility), if one of the spouses has committed adultery; if one of the spouses
endangered the life of the other or knew of a third party doing it and failed
to protect or inform the other spouse; if one of the spouses ill-treats the other
spouse, or inflicts heavy insults on him or by his dishonourable conduct or
otherwise makes their common life unbearable, on the grounds of incurable
mental disease or incapacity of understanding incurred during marriage; if
one of the spouses malevolently or without justified grounds deserts the other
for more than six months; if one of ,the spouses has been missing without any
news for more than two years; if one of the spouses has been convicted of a
criminal offence against the people's and state interests or sentenced to impri-
sonment for more than three years. In the case of adultery the suit for divorce
may be brought not later than one year after it came to the knowledge of
the other party, while in the case of a spouse being missing during the war
it is necessary that a year should elapse.after the cessation of, hostilities.
The legal right of succession of the spouses ceases upon divorce. The
divorced party also loses the right to request the benefits accruing to him from
a will made before divorce. The gifts customary among the spouses sh'a'll not
be returned, while other gifts shall be returned in the condition they were
in at the time the cause for divorce arose. The innocent party shall retain all
the gifts received from the guilty party. Joint property acquired by the
spouses in the course of their matrimonial life shall be divided according to
the contribution of each of the spouses.
The decree of divorce shall contain the provisions regarding the custody,
education and maintenance of the ,children. If there is no agreement among the
parents as to their children or their agreement is not in the interest of the
children the court shall decide where the children shall be left for custody
and education. They may be left with their parents, some other ,person, or put
into some institution, subject to their interests. The court may also - entrust
children to the care of the guilty party. The parent deprived of his children
is entitled to maintain personal relations with them if the court ? has not
otherwise decreed in the interest- of the children. At the request of one of the
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LEGISLATION AND COMMENTS
divorced parties or of the organ of guardianship the court may review its
decision or custody of, the children if the changed circumstances so require.
The court shall fix the amount of contribution for the maintenance and educa-
tion of the children according to the possibilities of each of the parents.
A spouse having no means of subsistence and incapable for work or
without employment and not guilty for divorce is entitled to request that
the decree of divorce. shall adjudge him a certain amount for maintenance at
the charge of the other spouse according to that spouse's possibilities. The
right to maintenance ceases if the person enjoying it enters into another mar-
riage or if the court finds that he is not. worthy of it.
The right to sue for divorce does not descend on the successors, but the
successors of the plaintiff may continue an already started proceedings for the
purpose of proving the existence of the grounds fcr divorce.
5. - Actions for validity, nullity and divorce shall be brought before the
court competent for the territory within which the spouses have had their last
common abode, If the spouses have had no common abode in the FPR of Yugo-
slavia action shall be brought before the court competent for the territory
within which the plaintiff has his residence or abode, but if he has no resi-
dence or abode in the FPR of Yugoslavia, action shall be brought . before the
court competent for the territory within. which the plaintiff has residence or
abode.
After forgiving a wrong for which divorce may be sought a spouse may
no longer bring. an. action on that ground. The defendant may on his part bring
an action for nullity or an action for divorce before the court at. which he is
sued. Decisions on both actions shall be contained in the same decree. A
counter-action may also be- brought on the -grounds for which an action can,
not be brought owing to forgiveness or expiration of term.
The decree of divorce shall state whether both parties or only one of
them are guilty for it. The agrieved party may appeal to the higher court
-
within 15 days.
In all suits for divorce the court shall. try to reconcile the spouses. Both
spouses must be summoned to reconciliation..
At the request of one of the parties or e x off i c i o the court shall
decide what provisional measures shall be taken for 'custody of -common minor
children or for their maintenance, as well as for accomodation and maintenance
of the spouse having no means of sustenance. Such measures shall be in force
until the end of the proceedings, but the court may revise them at the founded
request of either party.
6. -- The requisites for the marriage of a foreign national shall be deter-
mined by the law. of his own country. But the provisions of this law regarding
hindrances due to a prior marriage, relationship, mental disease and incapacity
of understanding also apply to a foreign national desiring to contract. marriage
before a competent organ.of the FPR of Yugoslavia.
The form of marriage prescribed by this law is also binding for a for-
eign national in the territory of the FPR of Yugoslavia.
A marriage contracted by a national of the FPR Yugoslavia in a foreign
country in accordance with the laws of that country shall be deemed valid in
form, excepting the case of both spouses being nationals of the FPR of. Yugosla-
via and having their residence in the FPR of Yugoslavia.
If one of the spouses is a national of the FPR of Yugoslavia the mar-
riage may be declared invalid only on the grounds provided by the laws of
the FPR of Yugoslavia. If both spouses are foreign nationals the courts of the
FPR of Yugoslavia may decree a divorce only on the grounds provided both
by the laws of their own countries and by the law of the FPR of Yugoslavia.
7. --- Criminal provisions define.the following criminal offences: a per:
son in office knowingly officiating at the contracting of marriage not permit-
ted by law; solemnization of marriage according to religious ,rules prior to that
marriage being contracted before a competent state organ and contracting of
marriage by a person knowing of the existence of some hindrance or impedi-
ment prescribed by law.. For . such crimes the law provides .'sentences of
irlprisonment, forced.labour and fine.,
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8. - Provisional and final provisions prescribe that marriages contracted
before the coming into force of this law shall be valid if they were contracted
in accordance with the laws existing at that time. Marriages contracted before
military authorities of the National Liberation or people's committees in the
period from April 6 1941, till the coming into force of this law are considered
valid under certain conditions, but they must be notified for entry into the
register of-marriages within one year after the coming into force of this law,
if they have not already been registered. If the. request for entry into the
register of marriages has not been filed within this term the marriage shall be
considered inexistent, but the children from such a marriage shall be ? deemed
legitimate.
The people's republics are authorized to regulate by their laws property
relations in marriages contracted under earlier provisions and prescribe the
conditions and procedure for rendering valid the marriages contracted before
the coming into force of this law, the validity of which has been contested
under earlier laws.
This law came into force on May 8, 1946.
THE BASIC LAW ON RELATIONSHIPS BETWEEN PARENTS AND
CHILDREN
("Official Gazette of the FPR of Yugoslavia," .Ns 104, December 6, 1947)
The Basic Law on Relationships between Parents and Children contains
44 articles divided into 10 chapters. These are: 1. General provisions; 2. Rights
and duties of parents and,children; 3. Exercise of parental rights; 4. Cessation
of parental rights; 5. Continuance of parental rights;. 6. -Supervision of the
organ of guardianship; 7.. Establishment of paternity; 8. Disputing of paternity;
9. Duty of maintenance; 10. Transitional and final provisions.
. . 1. - General p r o v i s i on s. It is the duty and the right of the
parents to care for the person and the rights and interests of their minor
children with the view to raising them to be useful and conscious citizens
of their fatherland and for the purpose. of :consolidating the family. Such
'rights and duties constitute paternal rights and are enjoyed by both parents.
Children born out of marriage have the same status as-:legitimate children
with regard to the mutual rights and duties of parents and children. The
State protects the interests of minors and therefore admits the establishment
of paternity.
2. - Rights and Duties of Parents and Children. It
is the duty of parents to maintain their children, to privide for their life
and health, to raise them in the spirit of loyalty to their fatherland, to educate
'them to be useful members of society and to provide according to their .pos-
sibilities for their education and vocational training, taking into consideration
their abilities, inclinations and wishes.
If the parents do not live together they shall come to an agreement with
whom ,the child is to stay. If they are not able .to reach .such an agreement,
this shall be decided by the organ of guardianship, who will take into account
the swishes of the child if it 'is over 10 years of age.
The parents represent their minor child and manage its property. They
may use the income from the property of their child primarily for its main-
-tenance, education and upbringing as well as for the needs of the household
if they have not sufficient means of their own. The parents may alienate
-or burden the property of their child for the purpose of its maintenance, edu-
cation and upbringing, or when so required by other interests of the child,
but only with the. approval of the. organ of guardianship. Children over 14
years of age may -conclude labour contracts and ,dispose of their earnings, but
.they must contribute for their upbringing and education and for the main-
tenance of the household.
3. . Exercise 'o. Parental Rights. In accordance with the
principle of equality, of both'. parents in matrimonial -comimunity, the parents
exercise their parental rights in agreement,- but in .? the case of-'their disagree-
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ment decision shall be taken by the organ of guardianship. When one of the
parents is prevented from exercising ,parental rights, the other parent shall
do so alone. In the case of divorce or invalidity of marriage parental rights
shall be exercised by the parent to whom the child has been entrusted for
.care and. upbringing, but if the other parent does not agree with some act or
measure he may ask the organ of guardianship to decide on it. The parent
who abuses parental rights or neglects the exercise of his duties shall be
deprived of. parental rights by court decision. Such rights may be returned
to him if the reasons for which they had been withdrawn have ceased to
exist. If one of the parents is dead or is not known, or has been sentenced
to the loss of parental rights, or is actually deprived of this right, or is
deprived of business ability, parental rights shall be exercised by the other
parent.
4. - Cessation of Parental Rights. Parental rights cease
when the child completes eighteen years of age or marries before the attain-
ment of full age. In that.case the minor acquires full business ability.
5. - Continuance of Parental Rights. If, owing to disease
or mental disability, the child is not capable of providing for its person and its
,rights and interests after coming of age, the court ,may approve the continuance
of parental rights at the proposal of the parents or of the organ of guardian-
ship. But when the reasons for which parental rights have been continued
cease to exist the court shall decree the cessation of parental rights.
6. -- Supervision by the Organ of Guardianship. The
organ of guardianship shall undertake all measures necessary for the.upbring-
ing of the child and the protection of its property and other 'rights and . in-
terests. He may take the child from its parents and entrust it to another person
or institution for care and upbringing if the parents have neglected its up-
bringing. The other rights of the parents or their duties towards their child
do not cease in that case. If the child shows negative propensities the organ
of guardianship may of his own accord or at the proposal of the parents send
it . to some institution or school for upbringing or reform.
At the request of the organ of guardianship the parents shall render
account at any time of their management of the child's property. Such organ
may petition the court to permit surety to be placed upon the property of
the parents for the protection of the property interests of the child, or decide
that the parents shall have the status of guardian as regards the managing
of the child's property.
7. -- Establishment of Paternity. If the child has been born
during the subsistence of marriage or within three hundred days after the
cessation of marriage, it is considered to have been born in wedlock. If the
child is born in another marriage of its mother but before the expiration of
two hundred seventy days after the cessation of her previous marriage, the
mother's husband in her previous marriage shall be considered to be the
child's father. But if the mother's husband in her subsequent marriage, with
her consent, recognises the child as his own he shall be considered the father
of the child. A child born out of wedlock shall be considered as born in wedlock
when its parents contract marriage.
The law provides two cases in which a child born out of wedlock may
be declared born in marriage: if the parents had intended to contract mar-
riage and were prevented from doing so because of the death of one of them,
or owing to matrimonial impediments arising after the begetting of the child.
In the first case the court shall declare the child to have been born in mar-
riage at the request of the surviving parent or of the child itself.
The father of a child born outside of marriage shall be considered the
person who acknowledges it to be his own, or whose paternity has been
established by .a valid court decision. Acknowledgement of a child may be
made before a registrar, in a public document or in a will, but such an acknow-
ledgement shall be valid only if the child's mother agrees to it. If the mother
does not agree to the acknowlegement or does not declare herself within a
month after notification, the person who has acknowledged the child for his
own may file a suit for establishment ?? of paternity within three years -after
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he is informed of the refusal of the mother. If the mother is not alive ar has
disappeared the declaration. shall be made by the guardian with the approval
of the organ of guardianship.
Action for establishment of the father of a child born outside of mar-
riage. may be brought by the mother exercising parental rights. or by the guar-
dian with the approval of the organ of guardianship and by the child within
five years upon coming of age. Mother, and guardian may bring such an
action within five years after, the child's birth. If there is doubt as to which
among several persons is the father of the child, the court shall institute
proceedings against all of these persons in order to establish which of them
is the father of the child.
The father of a child born outside of marriage shall in proportion with
his means take part in the expenses caused by pregnancy and childbirth,, and
in the expense of maintaining the mother during ?a period of three months
.before childbirth and three months after it.
8. - Disputin,g of Paternity, The law prescribes which per-
sons may ;dispute paternity and in what .cases and terms. A suit disputing
paternity may be brought by the husband. the child's mother, the child and
the person considering himself father of a child born outside of marriage.
If the husband considers that he is not .the father of a child born during
marriage or before the expiration of three hundred days after the cessation
of marriage, he may dispute the child's paternity within six months upon learn-
ing. of his birth. The mother of the child and the child itself may likewise
dispute paternity of the person considered by law as the father. Such an
action may be brought by the mother within six months after the birth of
the child. An action by the child -is not tied to term, A person who considers
himself the father of a child born .outside of marriage may dispute the pater-
nity of another person who has acknowledged the child as his own. Such an
action shall be brcuht within one year after registration of the disputed pater-
nity in the birth register.
9. -- D u t y o f M a i n t e n a n c e. The obligation of maintenance
exists under the law between par, ents and children, among other relatives in
direct descending or ascending lineage, between brothers and sisters with re-
gard to the maintenance of their minor brothers and sisters, step-father and
step-mother and. their step-children.
The obligation of the parents to maintain their children is unconditional,
whereas the obligation of other relatives exists only inasmuch as the person
having the right to maintenance is incapable of work or has not sufficient
means of subsistence. Step-fater and step-mother are not obliged to maintain
their?. step-child if he has a relative who is obliged to maintain him and is
in the position to do so. A step-child is obliged to maintain his step-father
and step-mother only if they have maintained and cared for him for a longer
period of time. This duty is shared jointly by step-children and children born
in marriage.
Persons under obligation to maintain another person :shall do so in the
o:I'der of their succession to that person. If more persons are under such obli-
gation it shall be divided among them according to their possibilities,
Renunciation to the right of maintenance has no legal force.
10. - Transitional and Final Provisions. The present
Law-comes into ford on the 15th day after its publication in the "Official
Gazette of the FPR of Yugoslavia" and applies to the cases on which a valid
decision has not been brought up to its enactment.
THE BASIC LAW ON GUARDIANSHIP
("Official Gazette of the FPR of Yugoslavia", Ns 30/47)
This law contains 57 articles divided into six chapters: 1. General provi-
sions; 2. Guardianship over minors;. 3. Guardianship over - persons deprived
of business?.abil?ity; 4. Guardians for special cases, 5, Appeal; 6. Transitional and
final provisions,. . . -
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1. - Genera 1 p r o v i.s i o ns. The basic principle laid down by this:
law provides for special protection by the state and the placing under guardian-
ship of minors not in the custody of their parents, as well as of other persons
incapable or not in the position to provide for their person and their rights and
interests. The purpose of guardianship is to .train minors to be conscious citi-
zens devoted to their people and state and -to actively cooperate in social work,
and to ensure the property and other rights and interests of persons placed
under guardianship.
The organs of guardianship are the executive committees of district
and town or ward people's committees, who discharge their duties directly or
through their departments for social welfare, except for the affairs designated
by law as their exclusive competence. The affairs of guardianship of citizens
of the ?FPR of Yugoslavia residing abroad are discharged by consular offices
and diplomatic offices of the FPR of Yugoslavia charged with performing
consular activities.
The task of the organ of guardianship. is to undertake measures for-.the
protection of the interests of the persons placed under guardianship, especially
for the management of their. property. It its his duty to attend to the sending
to boarding-schools, hostels, hospitals and other similar institutions of minors
and other persons under guardianship whose upbringing, education or medical
treatment cannot be secured otherwise.
The organ of guardianship discharges his duties. directly or through the
appointed guardian. He directs all affairs of guardians and supervises their
work. In every affair and at all times he may order or perform acts required.
by the interests of the person under guardianship. Decisions on placing under
guardianship shall be taken by the organ of guardianship.
The organs of guardianship shall rely in their work on social and
especially on youth ogranizations. Guardianship councils are attached to the
organs of guardianship as their advisory organs. They consist or representa-
tives of social organizations and citizens nominated by the executive committee:
The duty of the guardianship council and its members is to help the organs
of guardianship and guardians in their work, particularly to. advise on the
persons suitable to be guardians. to report cases of negligence in the upbring=
ing- and care of minors and all other shortcomings and inadequacies in the
upbringing and management of the property of wards.
2. - Guardianship over minors. According to this law, the
closest relatives of a minor, the persons living with him in the same homestead;.
the state organs if they learn of it in the discharge of their duties and. the
members of guardianship councils shall without delay inform the organ:.of
guardianship of the need to place 'a minor under guardianship. The organ of-
guardianship shall pass the decision on guardianship within one month-:after
learning of the need for it. In appointing the guardian the organ of guardian-
ship shall take into consideration the character and abilities of the person
designated for a guardian, his relationship to the minor, the wishes-of. the
minor and of his closest relativcF. He may request the opinion of social orga-
nisations if that be useful for the choice of a guardian, No person may beap-
pointed guardian who has been sentenced. by court decision to the loss of
political rights, -who has been deprived of paternal rights by court decision,
whose material interests run counter to the interests of the minor, who is
hostile to the min.or_ who, in view of his conduct, cannot be expected to per-
form guardianship duties properly.
Every citizen is bound to accept the duty of guardian, excepting the
cases provided by law (as for instance 60 years of age, disease, the nature
of profession or calling. another duty of a guardian, mother with a child
under seven years of age). Persons who without legal grounds refuse to accept
guardianship shall compensate the damage caused to a minor by such an act.
The duties of a guardian towards minors living i.n' a social welfare institution
shall be performed, by the superintendent o'f' such institution.
Upon accepting the duty of guardianship, the guardian shall together
with a representative of -the organ of guardianship draw up. an inventory and
estimate of the value of the minor's. property: The guardian represents. the
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minor and perforihs in his ? name all affairs which come under, regular. ?business
and management of property. Whenever possible the guardian shall consult
the. minor before undertaking any action of greeter.' consequence if the mi lotis capable of comprehending the issue. A minor over fourteen years .of ? sage
rngy personally perform his legal affairs with the approval of his guardian
or organ of guardianship. Measures of greater, consequence for the person of?
the minor or the management of his ''property may be undertaken. by the
guardian only with the approval of the orpsn' of guardianship. Such measures
are especially the following: the sending of the minor to an educational insti-
tution,. interrruption of education or change of .the type of school, selection
of his profession, renunciation -of -heritage, refusal of gift, alienation or ac
quisition of immovable property, The guardian may hot undertake any business
exceeding the limits of regular business or management of the minor's property
without the approval of the organ of guardianstip:''
The guardian shall submit a report and render account of his work each
year and whenever requested to -do so by the organ of guardianship. The
guardian shall as a rule exercise his duties. free of charge, but in exceptional
cases he may be granted a reward. He is entitled to requital of justified:
e,penses incurred in the exercise of his duties,.
The organ of guardianship shall remove' the guardian if he establishes,
that he abuses his, powers or with his work or otherwise endangers .the in-
tdrests of the minor. The minor, the state organs,. social organizations and
individual citizens may file complaints against the guard'ian's acts with the.
organ of guardianship, who shall examine such cases and undertake the neces~
sary measures for the protection of the mipor's interests. For the protection
of rights and claims of the minor arising from, the guardian's improper work;
the ;organ of guardianship may undertake the nleasures provided by law. The
guardian shall compensate the minor for the damage nflicted by his negligent
exercise' of duties or , arbitrary abandonment of duties. The -organ of guardian-
ship may fine a guardian up to 2,000 dinars for his negligent. exercise or arbi-
trary abandonment of duties.
Guardianship over a minor ceases with his. coming of age or with his
being proclaimed of age.
3. -- Guardianship over perso,ns.. deprived of bu-
sin e s s ability. Persons completely or partiailydeprived of business
ability shall be placed under guardianship. The court With which proceedings
have been instituted against some person for deprival of business. ability shall
notify the competent organ of guardianship thereof, which shall appoint, if
necessary, a temporary guardian to such a` person. A legally valid decision
of the ,court on deprival of business ability shall be without delay forwarded
to the competent organ of,guardianship which shall appoint a guardian within
a month of the receipt of the decision, The provisions on the guardianship of
minors apply to guardianship over persons deprived; of business ability, unless
otherwise determined by law or ensuing from the nature of affairs. Guardian-
ship over persons deprived of business ability ceases with the restoration of
that ability by court decision,
4. -- Guardians for special case's.. The organ of.guardian-
ship shall appoint a guardian in the following cases,:'for absent. persons whose
place of abode is unknown and who have no representative; in the case of
dispute between the minor and his parents, or between minors having the
same guardian; for the protection of property of an unknown owner and in
other cases when the protection of the rights and interests of some person so
requires. In the cases, provided by this law the organ of guardianship shall
take the necessary measures for the protection of the person and the rights
and interests of a foreign citizen until the organ competent under international
treaties or other provisions should pass a decision on it. In appointing a
guardian under the provisions of this section the organ of guardianship shall
determine the duties and rights of the guardian according to the circumstances.
of each particular case.
5. - Complaints. Complaints may be lodged against all decisions
of the organ of guardianship with a higher executive committee and/or with
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LEGISLATION. ANA COMMENTS
the republican minister competent for social welfare within 15 days of receipt
of the decision.
6. - Transitional and final provisions. The people's
republics are authorized to enact supplementary laws on guardianship pre-.
scribing more detailed provisions on the realization of the: tasks of :guardianship.-
and the management of the property of persons under gu~rdian'ship.
THE LAW ON ADOPTION
("Official Gazette of the FPR of Yugoslavia", Ns 30, April 11, 1947)
This Law contains 26 articles divided into six cha ters. These are: 1.
General provisions; 2. Conditions of adoption; 3. The act adoption; 4. Rights
and duties of adopter and adoptee; 5. Dissolution of adoption; 6. Final pro-
visions.
1. --- Genera 1 provisions. The act. of adoption establishes such
relationships between two persons as those existing between parents and their
children. For the existence of adoption it is necessary that the prospective
adopter declare before the competent state organ his willingness to adopt that
person and that his parents or guardian declare their consent to it. The act
of adoption shall be entered into the birth register.
2. - Conditions of adoption. The general conditions of adop-
tion laid down by this law are that the adoptee must be a minor and that the
adopter must be at least 18 years older than the adoptee. Next of kin, in direct
lineage and brothers and sisters may not adopt each other; the guardian may
not adopt his ward until he is freed of the duties of guardian.
Adoption may not be granted: to a person sentenced to loss of political
rights so long as the punishment lasts; to a person deprived of parental rights;
to a person for whom there is justified suspicion that he will abuse his position
of adopter to the detriment of the adoptee; to a person who does, not offer
sufficient guarantee that he will bring the adoptee up to be a useful member
of society; to mentally deffective persons or those weak-minded or suffering
from a disease that might menace the health and life of the adoptee.
No one may be adopted by two persons unless they be husband and
wife. If one of the spouses adopts a person the consent of the other spouse
is required, except in the case of the other spouse being deprived of parental
rights or incapable to declare his will or his abode having been unknown
for 12 months. If the prospective adoptee is not in the custody of his parents
the consent of his guardian is required for adoption. The consent of a minor
over 10 years of age is also required.
3. - The a c t o f a d o p t i o n. The prospective adopter and the pa-
rents or guardian of the adoptee shall submit an application to the competent
organ of guardianship furnished with necessary documents. Should the organ
of guardianship establish from the content of the documents 'or in any other
way that the conditions required for adoption have not been fulfilled or that
such adoption is not in the interest of the adoptee he shall refuse to grant
adoption and state his reasons for it. In the opposite case the adoption shall
be granted.
The act of adoption shall be attended by the prospective adopter and
his spouse, by the parents or guardian of the prospective adoptee and by the
adoptee if he is over 10 years of age. In justified cases the spouse of the
prospective adopter and. one of the parents of the prospective adoptee may give
their consent for adoption by proxy or through the organ of guardianship
competent for their, place of residence. The act of adoption shall also be
attended by the commissioner for social welfare of the executive committee
of the county, town or ward people's committee on behalf of the organ of
guardianship and in his name. A member of the executive committee may
deputise for the commissioner.
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If'' the commissioner establishes that the conditions for adoption" are ful-
filled and that adoption is in the interest of the adoptee he shall shall read the
probisions-'of the 'present law on the. rights and duties of the adopter and
adoptee and declare the adoption consumated. Conversely, he shall refuse-to
grant adoption. A complaint may be filed against the rebuttal of adoption at
all times.
The records on adoption shall contain the agreement on the surname of
the adoptee and on his inheritance rights in relation to the adopter.
4. - Rights and dutie-.s' of the; adopter and adoptee.
The act. of adoption establishes a state of relationship and rights and duties
derived therefrom only between the adopter and the adoptee and his suc-
cessors, but not between, the adoptee and the relatives of the adopter. The
act of adoption does. not affect the rights of the adoptee towards his parents
and relatives or their rights and duties towards him. The adoptee shall assume
the surname of the adopter unless the act of adoption provides for him to
retain his own surname or add his surname to that of the adopter.
If the adopter has children, of his own, the inheritance rights of the
adoptee towards the adopter may be restricted. or completely excluded. Such
rights may be determined ?sepairately towards the spouses who are joint adop-
ters. The adopter cannot legally inherit the adoptee.
5. --- Dissolution of adoption. Adoption may cease by agree-
ment between the adopter and adoptee in accordance with the provisions valid
for the act of .adoption, or by decision of the organ of guardianship. Areement
on dissolution of adoption is subject to approval by the organ of. guardianship,
but if the adoptee is of age the organ, of guardianship shall, not examine whe-
ther the dissolution of adoption, is in the interest of the adoptee. Decision on
dissolution of adoption shall be taken by the organ of guardianship of his
own accord,.or at the request of any person or social or,ganizati?on subject to
this being _ejoined by the justified interest of the minor adoptee as well as
at the request of 'the adopter or adoptee subject to there being important
grounds ,'for it. The decision confirming or dissolving adoption may specify a,
certain suni for ,the maintenance of the adoptee until his coming of age. The
decision on the dissolution of adoption may determine a certain sum for the
mai.ntenahce cf the'adopter at the expense of a major. adoptee if the adopter
is, incapable for: work and has no, means of subsistence: In both cases the
material circumstances of both parties must be taken into -consideration. Com-
plaints against. decisions on the dissolution of adoption may be filed within
15, days after the receipt. of the decision..
Final p r o v i s i; o n s, This, 'Law comes into force on the eighth
day! .after .,i-ts - puhli~cation in-the "Official Gazette of the FPR ' of Yugoslavia."
The provisions c f this law equally apply to dissolution of adoptions contracted
prior to the enactment of this, law.. Subject to the prospective adoptee having
been under the care of the prospective adopter during .the Natidnal Liberation
War, the law also allows adoption to be' contracted between minors and persons
who are less than 18 years older than the adoptee.
THE LAW ON THE EXERCISE OF GUARDIANSHIP OF THE PEOPLE'S
REPUBLIC OF SERBIA
("Official Gazette of the PR of Serbia," Ns 6/950)
In- virtue of the authorization under article 54 of the Basic Law on
Guardianship, the P. R. of Serbia enacted a supplementary Law on the exer-
cise of guardianship, which contains more detailed provisions on the realisation
of the tasks of guardianship. and management of property of persons placed
under guardianship. This law contains 61 articles divided into five parts: 1.
The placing under guardianship and. measures for its exercise; 2. The rights
and duties of guardians towards minors; 3. The realisation of the tasks relating
to the person of the minor* The maintenance of minors and management
of their property; 5. Guardianship over persons deprived of business ability
and guardianship in special cases; 6. Transitional and final :provisions.
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- Supplementary laws on the enforcement of guardianship have been enact-
ed by the P. R. of Macedonia t"Official Gazette of the P. R. of Macedonia,"
N2 18/50). and the P. R. of Montenegro ("Official Gazette of the P. R. of Mon-
tenegro," N2 21/50). These laws regulate in a similar manner the questions
of realization of the tasks of guardianship and management of property of
persons under guardianship. Very few of these provisons are different from
those contained in the Law of the P. R. of Serbia.
1. -- It is the duty of the organs of guardianship (Art. 1), to place under
guardianship every minor without parents and every person deprived of bu-
siness ability, to appoint a guardian for such persons and undertake all the
measures necessary for the protection of his person and property. The organ
of guardianship has the same duty towards the persons who are not capable
of or not in the position to provide for their rights and interests.in the cases
foreseen by the Basic Law on Guardianship.
When. the, competency of the organ of guardianship is established by
his decision on. the placing of a minor under guardianship, it shall continue
as a rule until the cessation of guardianship. His competency remains in force
even towards the persons who have left the territory under his jurisdiction
for the purpose of education, vocational training, accomodation and similar
reasons. In such cases it is the duty of the guardian within whose territory
such a person has his abode to care for them, to offer .them all necessary
help, to supervise their way of life and undertake all -other 'direct measures
with regard to guardianship, and inform of all matters the competent organ
of guardianship. But if the person under guardianship permanently and com-
pletely leaves the territory of the competent organ of guardianship and settles
permanently within the territory of another organ of guardianship in the
PR of Serbia, competency may be transferred to the new organ of guardianship
by agreement between the organs of guardianship. If they fail to reach such
agreement decision on it shall be passed by the immediately higher organ
of authority. To provide better protection for the person under guardianship
the original organ of guardianship shall keep a record of the movements of
that person. '
It is also the duty of the organ of guardianship to protect the property
of the person under guardianship. If such property is beyond his area of juris-
diction he may entrust the control of it to the organ of guardianship competent
for that area. Direct management of such property is exercised by the guardians
appointed by the ' organ of guardianship who is entrusted with control of such
property. But decisions on such property are brought by the competent organ
of guardianship (Art. 2).
The organ of guardianship shall organize an information. service about
the persons needing guardianship (Art. 3). He shall do so in agreement with
other state organs, who shall (Art. 13 of the Basic taw on Guardianship)
advise him as soon as they learn of 'any persons in need of guardianship.
The organ of guardianship shall perform all acts in connection with the
realization of the tasks of guardianship directly or through the guardian, whom
he shall. aid in all matters. After the institution of guardianship the organ
of guardianship shall continue to care for the person and property'of the
subject under guardianship. For that purpose he shall consistently follow
the life and work of such persons and undertake all measures necessary for.
the proper.,protection of persons under guardianship :and their property.
The organ ' of guardianship shall establish guardianship councils as his
auxiliary and advisory organs (Art. 5). The members of the council are appo-
inted by the competent executive committee from among major persons-mem-?
hers of social organizations (especially youth organizations) and other citizens
who : have the inclination, ability and possibility for exercising such duties
(Art.. 6). The guardianship council is directed 'by the member of the executive
committee charged with social affairs. The council deliberates on. the'more
important questions relating to the acquisition of information and guardian-,
ship affairs in particular cases, as well as the general management of affairs
of guardianship in their territory (Art.. 7). The organ. of guardianship may
entrust individual members of -the .council with particular -tasks and, request
33
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them to submit reports on the conduct of affairs. The function of members
of the council is honorary and obligatory (Art. 8). Expenses incurred by mem-
bers of the council in the 'exercise of their duties are met from the budget
of the people's committee.
The organ of guardianship and the council shall be assisted in their
work by the council of citizens formed at each local people's committee and
including a member of the guardianship council from that district (Art. 9).
The organ of guardianship shall also interest social organizations and wide
masses of citizens in affairs of guardianship and benefit by their cooperation
in all questions of guardianship, especially as regards information necessary
for the proper attainment of the tasks of guardianship (Art. 10). Finally, with
the view to a more correct fulfilment of the tasks of guardianship, the peo-
ple's committees shall erect hostels for the aceomodation of persons under
guardianship and ensure the means for their operation.
2, -- Minors under guardianship must be appointed a guardian regardless,
of, their property, even if they live in ,some state, institution for social welfare
or some state educational institution (Art. 12). The superientendent of the in-
stitution shall direct the upbringing, training and education of such minors
so long as they live there. The manager of a state economic enterprise has
the same duties towards a minor working there. All the other duties shall
be performed by. the guardian who shall provide for his training and edu-
cation (Art. 12).
The guardian shall be. a person who is best qualified to perform the duty
of guardian with regard to the conditions of the minor (Art. 13). If a minor
is a member of a peasant. work cooperative he shall be appointed a guardian
from among the members. of the cooperative. (The law of the P. R. of Macedonia
(Art.. 7) and of the P. R. of Montenegro (Art. 14) provide also the possibility
of the minor being appointed a guardian from without the cooperative, or that
he may be a. relative or some other. person, if the latter's relations with the
minor are of such a nature that he may exercise such duties successfully.) If
the minor changes his place of abode the guardian shall not be changed. Minors
having common undivided property may have a joint guardian.
The guardian is entitled to undertake independently all affairs and.
measures which come within the limits of regular business and management
of property. He shall, however, need a previous approval of the organ of guardi-
anship for all measures of consequence with regard to the person of the minor.
and for business exceeding the limits of regular business and management (Art.
14). These affairs are explicitly enumerated in Articles 14, 15 and 16, in
addition to those already.mentioned in Art. 24 of the Basic Law on Guardian-
ship. (They include: legal'. adjustment, division of inherited or joint property,
beginning, continuance or cessation of craftsman's business, lifting of surety,
going from or leaving the country for a longer period, concluding or giving
a loan, alienation or mortgaging of immovables).
The guardian may. ask the organ of guardianship or the guardianship
council for help or advice even in such affairs which are not subject to.
appoval by the organ of'.guard'ianship (Art. 20). They shall give him advice
and the organ of guardianship shall give him full aid especially in the compo-
sition of legal documents.. The organ of guardianship shall perform legal af-
fairs before the state organs on behalf of the guardian and represent him
through his technical staff if the guardian is not in the position to do so other-
wise.
. The guardian is responsible for damage inflicted to the minor male-
volently or by negligence or abandonment of his duties (Art. 22). Persons
who without justified reasons refuse to accept the duty of guardian are also
responsible for damage caused thereby to the minor. The organ of guardianship
shall endeavour to have such damage compensated without litigation. but if
this should prove impossible he shall bring a suit with the competent court.
He may sue him personally or asX the. new guardian to do so, or appoint a
special guardian for that case, if the new. guardian has not yet accepted his
duty. If there is danger of the guardian evading to give compensation the
organ of guardianship shall. determine approximately the amount of ? damage
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and decree the placing of surety on the property of the guardian and fix the
term within which this surety shall be justified by a complaint with the court.
The guardian shall submit a report of his work and render accounts on
the management and administration of the minor's property at latest by the
end of February each year (Art. 24). He shall also submit reports and render
accounts whenever requested by the organ of guardianship to do so. The
guardian whose duties cease before the end of the. year shall submit the
report upon cessation of his duties. The report must contain data on the person
of the minor and on the management and disposition of his property and
the protection of his rights and interests. In the event of the guardian's death
the report shall be submitted by the new. guardian upon the examination of
his work (Art. 26). All persons of age living together with the former guard-
ian shall give information and data to the new guardian and help him in
the drafting of the report.
The report and accounts submitted by the guardian shall be. examined
by the organ of guardianship and approved if they are found to be correct. If
in examining the accounts the guardian should establish a damage to the
minor, he shall take steps that it be compensated or surety placed.
When a guardian is removed he shall transfer his duties to the new
guardian within the term fixed by the organ of guardianship (Art. 28). A
record of the transfer of duties shall be made stating all items delivered as
well as eventual damage to them. The transfer of duties shall be performed
before the local, town, or ward people's committees in the presence of a
member of the guardianship council. The transfer of duties :shall be performed
in the same manner if guardianship has ceased because of the coming of age
of the person under guardianship. In the latter case the guardian shall present
a certificate on delivery of his duties, whereupon the organ of guardianship
shall hear the ward and relieve the guardian of his duties and lift the surety
from his property if it had been placed (Art. 29).
3. - With regard to the realization of the tasks of guardianship relating
to the. person of the minor the law requires that the care and keeping of the
minor should correspond as much as possible to the conditions under which
live the minors with their parents (Art. 30). A minor shall be entrusted for care
and keeping primarily to a relative, whose duty will be to maintain him if
that proves to be in the interest of the minor. If there are no such relatives
the minor shall be entrusted for care and keeping to the person or family
which.offers ?a sufficient guarantee for.his proper physical and spiritual deve-
lopment and education or sent to a state institution for social welfare or a
state educational institution. If the minor has some mental or physical
handicaps owing to which he cannot be brought up under regular conditions,
he shall be sent to a special home or institution for the keeping and education
of such persons. A minor may under no conditions be given for care and
keeping to a person who is not fit to be a guardian (Art. 31), or to a person
suffering from disease which might endanger the life and bealth of the minor.
In deciding on the accomodation of the minor his interests alone shall be
considered (Art. 32).
For. placing a minor in the care of a relative or other person or family,
the guardian shall ask the approval of the organ. of guardianship (Art. 32).
The organ of guardianship shall determine whether the minor shall be kept
free of. charge or against reward, the amount and kind of reward, and. the
sources from which it will be paid as well as the duration of his stay there.
The organ of guardianship shall send a minor to a state home or institution
(Art. 32): Minors under guardianship and in the first place war orphans have
a priority right under equal conditions in entering a state institution for social
welfare, a state educational institution, school, course and other (Art. 33).
The income from the property of the minor shall be used for his mainte,
nance, but if such income is not sufficient, then his basic property will be
used (Art. 35): If the minor has no property the guardian .shall ask the relatives
obliged to maintain the minor to furnish the necessary means for his mainte-
nance. If the cost of his maintenance cannot be covered in this way, they
shall be paid by the organ of guardianship from the budget of the people's
committee. . . . .
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A minor living in an institution for social welfare or an educational
institution shall be educated. in the -spirit of loyalty and love towards. his
people and state and of a correct attitude 'towa'rds the social community. His
physical and spiritual development should be proper (Art. 38). This task shall be
primarily attended to by the manager of the institution. and by the youth orga-
nization whose cooperation -should be enlisted by the organ of guardianship.
The latter shall enable the minor to finish the. compulsory primary school, and
continue his general or special training according to his abilities so that
he shall be fit for independent exercise of some profession (Art. 39). The
choice of vocation shall be made by the guardian in agreement with the
minor and with the approval of the organ of guardianship.
The guardian shall especially care for the health of the minor; :.he. shall
subject him to periodic medical check-up and provide speedy and effective
medical aid in the event of illness. He is also obliged to ensure him proper
medical treatment according to physician's. advice. If the expenses of medical
treatment cannot be covered from the minor's property they shall be paid by
the organ of guardianship from the budget of the people's committee.
4. - The whole property of the minor shall serve for his physical and
spiritual development and his technical training (Art. 41). The guardian shall
endeavour to preserve that property intact, but this must not be 'done at the
expense of the minor's maintenance, upbringing and education (Art. 42). For
the maintenance, upbringing and education the regular income from the
minor's property shall be primarily used, but if it is not sufficient some parts
of his property may be alienated or mortagaged with the approval of the organ
of guardianship.
To ensure proper management and preservation of the minor's property
the law provides that an inventory of it shall be drawn up upon, the placing
of the minor under guardianship '(Art. 44). The order for the making of the
inventory shall be issued by the organ of guardiansh'p and it shall be carried
out by the guardian in the presence of the minor, if he is. capable of under. stand-
ing the issue involved, and, a representative appointed by the organ of guardian-
ship. The inventory may be made. by the local or town people'si committee
prior to the appointment of a guardian, If this is necessary for the protection
of the minor's property.
The law provides (Articles .45-48) that bonds, valuables, important
documents and similar shall be deposited with all institution dealing with
such matters (Art. 45) inasmuch as they are not necessary for the guardian's
exercise of duty. Cash shall be deposited with a designated institution under
the name ?of the minor (Art. 46). Other property shall not be sold if it may
be preserved. Movable property .shall be kept by the guardian, but the organ
of guardianship may order that it be placed in the keeping of some other person,
(Art. 47). The objects used by the minor shall be delivered.to the person who
keeps him.
Articles 49-55 regulate the management and administration of the,
minor's property. It is the duty of the guardian to see that all the obligations
affecting the minor's property are fulfilled in time. He will particularly see to
land being cultivated according to plan, to the delivery of surpluses, to the
timely statement and payment of taxes and so on (Art. .155). With the approval
of the organ of guardianship the guardian may entrust the management, of
the whole or a part of the property to, ia minor over 14 years of age under his
supervision. A minor may join a peasant' work cooperative in the. manner
and under the conditions provided by the Basic Law on Peasant Coopera-
tives (Art. 50). The. guardian shall look after the cultivation of the minor's land
and the procurement of documents proving his claims and making secure
such claims. Landed property may , be cultivated by manpower under the
supervision of the guardian, using the live and dead inventory of the minor,
or entrusted to a peasant work cooperative or a state agricultural farm with
the proviso that the surpluses, after the deduction of expenses, be handed to
the guardian. If the income from the land cannot meet the expenses of, culti-
vation without affecting the. maintenance of the minor,. the,'. executive coin-
mittee of,the local,, town or ward people's. committee shall organize and offer
help for the cultivation of the land. (The law of the P. R. of Macedonia provi-
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des that the competent people's committee shall organise and offer aid in
other cases, too, if the guardian cannot do so alone.)
At the proposal of the guardian and with the agreement of the com-
mission the minor's property may be alienated, but only in exceptional cases
and if it is in the interest of the minor (Art. 54). If the minor's property
exceeds the scope of: regular business it shall be sold. A commission shall be
formed by the organ of guardianship and it shall. consist of a member of the
guardianship council, a member of the people's committee and a citizen living
in the territory of the people's committee in which the minor's property is
located. The commission shall advise both on the suitability and the price of
the sale. The same applies to the renting of larger objects of the minors'
property.
5. - Guardianship over persons deprived of business ability is governed
by the same rules inasmuch as not otherwise prescribed by the Basic Law on
Guardianship or by the present law (Art. 56). The same applies to guardianship
in special cases provided under Articles 46-51 of the Basic Law on Guardian-
ship (appointment of a guardian for an absent person, for the conduct of
dispute, for an unknown person, for a foreign national, etc), as well as to the
appointment of a temporary guardian for a person against whom proceedings
have been instituted for. deprival of business ability. In appointing a guardian
for special cases the organ of guardianship shall determine the rights and
duties of the guardian according to the circumstances of each particular
case (Art. 57).
6. -- The transitional and final provisions determine the application of
the present law to the cases existing before its coming into force (Art. 60). The
Minister of Social Welfare is empowered to bring more detailed provisions
for the enforcement of this law. This law came into force on February 16, 1950,
when it was published in the "Official Gazette of the P. R. of Serbia."
REPUBLICAN LAWS ON THE VALIDATION OF HERETOFORE UNRECOG-
NISED MARRIAGES AND ON THE PROPERTY RELATIONSHIPS
OF MARITAL PARTNERS
Whilst regulating the fundamental and most vital issues pertaining to
marriage and the relationships proceeding. therefrom the federal Basic Law
on Marriage ("Official Gazette of the FPR of Yugoslavia" Ni. 29 of April 9,
1946) at the same time empowered the individual people's republics to prescribe
the conditions and methods for the. recognition of previously contracted mar-
riages the validity of which was contested under former regulations (Clause
97), . as well as more .detailed provisions concerning the .property relationships
of marital partners particularly in regard to marriages contracted prior to
the enforcement of the said Law (Cl. 14 and 92, par. 2). The reason the federal
Law left such issues to be dealt with by the individual people's republics
was that, apart from the federal organs being responsible solely for the
enactment of basic legislation in this matter, the special circumstances and
features prevailing in such republics had to be given due consideration, in-
cluding the legislation concerning marriage which was in force in the territory
of the various people's republics up to April 6, 1941. All the people's republics.
hence, .promulgated their own laws on the Validation of Heretofore Un-
recognised Marriages, as well as laws on the Property Relationships of Marital
Partners. The People's Republic of Montenegro is the only one where the
former has not been introduced as yet. These republican laws serve, then,
to supplement and elaborate the Basic Law on Marriage by regulating such
matrimonial issues which were not incorporated in the latter or with regard
to which the basic principles.. alone had been laid down by it.
I. THE LAWS CONCERNING THE VALIDATION OF' MARRIAGES
The following laws have been enacted on the subject: in the PR of
Serbia, the Law on the Validation of Marriages Contracted Prior to May 9,
1946 ("Official - Gazette" Ni 53 of November 20, 1948) ; in the PR of Croatia,
.the Law on_ the Validation of Marriages Whose Validity was Disputed Under
Previous Prescriptions ("People's Gazette" :fie 85.of October 22, 1949); in the
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PR of Slovenia, the Law on the Validation of Marriages Contracted Prior to
May 9, 1946, the Validity of Which was Disputed Under Earlier Provisions
("Official :Gazette" N 16 of May 13, 1949); in the PR of Bosnia :and Hercegovina,
the Law on the Validation of Marriages Contracted Before May 9, 1946 ("Of-
ficiail Gazette" N 51 of December 23, 1948); and, in the PR of Macedonia, the
Law on the Validation of Marriages Contracted Before May 9, 1946 ("Official
Gazette" M 38 of December 13, 1948).
Marriages contracted before. its enactment and in compliance with the
regulations then in force are granted recognition under the Basic Law on
Marriage (Clause 90) and the question of validity of marriages contracted
before the military authorities of the people's liberation movement or the
people's-liberation and people's committiees between April 6, 1941, ' and the
enforcement of the new Law was similarly resolved. This Law, however, failed
to settle the question of validity of certain special categories of marriages
whose validity was contested pursuant to the provisions of former Yugoslavia
and this was to be regulated by republican legislation.
The following categories of marriages were recognised as valid under
the republican validation laws (consisting of nine clauses each):
(a) Marriages contracted prior to May 9, .1946 (the date on which the
Basic Law on Marriage took effect) before ecclesiastical organs authorised -to
perform religious weddings in the territory where -civil marriage was com-
pulsory under the then existing regulations (the Territory of the Autonomous
Province of Vojvodina - Clause .1 of the law of the PR of Serbia) and/or
marriages contracted before duly authorised ecclesiastical organs in conformity
with the canonical. prescriptions applying to, such organs (Clause 1 of the
Law of PR of Croatia);
(b) Marriages contracted prior to May 9, 1946, before the organs. of the
Islamic creed (imams and hodjas) who lacked authority, to perform marriages
under the laws then in force (Clause 2 of the law of the PR of Serbia,, Clause
1, par. 2, of the law of the PR of Bosnia and Hercegovina and Clause 1 of
the law of the PR of Macedonia). (Under the former Law. on the Constitution
of iSheriyat Courts.and on the Sheriyat Judges of March .21, 1929, the religious
organs (imams and hodjas) were entitled to perform weddings only by authority
of the Sheriyat judge);
(c) Marriages contracted prior to May 9, 1945 (the date of the termination
of World War II hostilities) without the participation of the organ authorised
to effect marriage contracts and/or marriages contracted after April 6, 1941,
without the participation of the military authorities.and of the people's libe-
ration committees,. provided the ' contracting of marriage before such organs
had been impossible or rendered extremely difficult due to either of the
spouses being exposed to political persecution on the part of anti-popular
regimes, to the occupation of the country or the state of war. The validity
of such marriages is recognised subject to the marital partners having ex-
plicitly stated their common desire to enter into marriage in the presence of
two witnesses and/or subject to this being corroborated by two
witnesses, and subject to the subsistence of such marriage on the date upon
which the law took effect or provided it had subsisted until the death of
one of the spouses. According to the law of he PR, of 'Slovenia (Clause 5)
only such marriages are recognised as valid which were contracted during
the occupation without the participation of ?' competent organ or without
public notice owing to the then prevailing conditions. The law of the PR
of Serbia goes even further, however, recognising as valid even marriages
contracted without the participation of a competent organ between May 9,
1945, and May 9, 1946, subject to at least one of the spouses not having
survived until. the enforcement of the Basic Law on Marriage and the inar-
riiage having subsisted until such, spouse's death.
(d) Marriages contracted prior to May 9, 1946, before duly authorised
ecclesiastical organs between individuals one of whom had previiously been
a party to a religious wedding and which .:wedding had been dissolved by
decision of an eeclesistical or sherlyat court respectively, but which decision
lacked binding power under the provisions then in force;
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(e) Marriages contracted prior to May 9, 1946, between -,individuals one
of whom had previously been a party to a marriage and was granted separation
a mensa et thoro by decision of the competent court. At the same time the
previous marriage is considered dissolved. .
All the stated categories of marriages are recognised as. valid only
subject to the fulfilment of conditions under Clause 16 (the non-existence of
marriage impediments), Clause 18 (free consent) and Clause 20 (the absence
of prohibited forms of consanguinity) of the Basic Law on Marriage, whereas
.for marriages under (a), (b) and (c) the condition of Clause 19 of the same
.(the non-existence of a previous valid marriage) must be met. in addition.
A separate condition for the validity of marriages under (d) and (e) is
that the new marriage must not have been declared void previous to the
enfcrcement of the law and for the marital partners not to have discontinued
their conjugal union prior to that. Special significance attaches to the recogni-
tion of such marriages in that it provides the' solution of one of the practically
most important issues wherein the confessional provisions find themselves in
conflict with the state legislation.. This solution is remarkable in that, subject
.to its still subsisting, it accords precedence to the existing, new marriage
over the former marriage which is factually non-existent. In the interest of
the children's welfare, though, all the republican laws stipulate that, even
in the event of non-validity of the new marriage, the children from such a
marriage should be considered as legitimate.
It is important to record that in all the republican laws dealing with
the recognition of marriages the territorial principle has been adhered to. with
the result that only the marriages contracted In the territory of a particular
republic were validated by same.
Under the republican laws all the validated marriages must be reported
within six months of their coming into force for the purpose of entry in
the marriage, register, provided always that -no similar record had been pre-
viously made either in the ecclesiastical or the state registers: If no application
is -submitted for such registration within the specified .term the respective
marriages shall be considered non-existent, but the children from such mar-
riages shall be considered legitimate.
These applications are made to the registrar, but the actual entry is
subject to the previous approval by the competent district court recognising
a marriage as valid under the law.
II, THE LAWS ON THE PROPERTY RELATIONSHIPS OF MARITAL PARTNERS
In conformance with the provisions of the Basic Law on Marriage
(Clauses 14 and 92, par. 2) all the people's republics have duly proceeded to
pass their own laws on the Property Relationship of Marital Partners.* Being
of a supplementary type and observing the fundamental principles laid down
in the federal Basic Law on Marriage, these laws regulate all the issues bear-
ing on the property relationships of spouses in connection with the marriages
contracted both after the enforcement of that Law and before. For this reason
the said laws form a whole with the provisions of the Basic Law on Marriage,
which trace the fundamental principles for the regulation of property relation-
ships between marital partners (Clauses 9-13). This is especially worth noting
since the republican laws, although built on principles comprised in the Basic
Law on Marriage, are not a repetition of the latter. The underlying presump-
tion forming the point of departure of the Basic Law on Marriage as. regards
the settlement of property relationships between spouses is that each one of
them remains the owner of property possessed by him when contracting mar-
riage and retains the right to manage and dispose of it (Clause 9), while
property earned by them during matrimony forms their joint property
(Clause 10). In determining the share of each partner due consideration is
* These laws were published in the following sequence; PR of Serbia. "Official
Gazette" No. 6 of February 18, 1950; PR of Croatia, "People's Gazette" No. 23 of May
23, 1950; PR of Slovenia, "Official Gazette" No. 20 of May 21, 1950; PR of Bosnia. and
Hercegovina, "Official Gazette" No. 32 of October 5, 1950; PR of Macedonia, "Official
Gazette No. 16 of June 19, 1950; PR of, Montenegro, "Official Gazette" No. 2,1 of
July $1, 1950.
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given "not only. to their respective earnings but also to the assistance
mutu,allly extended by them, the conduct of household affairs, the care for
and maintenance of property and any other aspects of work and cooperation
in the- management, _ maintenance and augmentation of their joint property.''
All the republican laws in the main include separate sections on joint
property earned during matrimony and on property relationships of marriages
contracted prior to the enforcement of the Basic Law on Marriage. Some of
the'laws incorporate additional sections devoted to responsibility for liabilities
and/or marriage articles between spouses. The individual laws comprise 1.8
to 19 clauses each.
The section dealing with joint property earned during matrimony lays
down the principle that such property 'shall be managed and dispositions of
it made jointly and in agreement by the spouses. The latter may reach an
understanding for the management and disposal of their entire joint property
or individual parts thereof to be exercised by one of them 'to any extent
desired. At the same time provision is made for either spouse to be able
to renounce such understanding at any time, and some of the laws explicitly
preclude such renunciation from being effected at an inopportune moment.
The same section further includes the provision that spouses may not
dispose of their share of the joint property nor burden it through legal business
inter vivos.
It is similarly ruled that the spouses' title to immovables representing
their joint property earned during marriage shall be entered in the realty
register in the name of both spouses as their joint, non-separate property.
With reference to the division of joint property the laws provide that
each spouse be credited with his share of it and 'that upon a spouse's request
his share of the joint property be made to primarily include such items of
'it which serve for the discharge of his vocation. Subject to a spouse's request
and provided the value of such items is not disproportionate to the total
value of the joint property involved, provision is similarly made for the
withdrawal from the aggregate subject to division and their conveyance to him
over and above his share of such goods and chattels constituting joint property
which serve for such spouse's own personal use exclusively. In lieu of factual
division spouses may proceed to the fixing of their respective shares in the
joint property and become co-owners of same.
.Referring to the marital partners' responsibility for liabilities, and in
agreement with Clause 11 of the Basic Law on Marriage, the laws make both
spouses jointly responsible for liabilities assufined by one of them toward
third persons -for the purpose of meeting the current needs of the matrimonial
union, ,as well as for the liabilities deriving for both 'spouses under general
regulations, both their joint and individual property serving as collateral in
such 'cases, and-. their individual property and respective shares of the joint
property where their personal liabilities are involved.
The property relationships of spouses deriving from marriages contracted
before the enforcement of the Basic Law on Marriage (May 9, 1946) are dealt
with separately by 'the republican laws. The principle primarily observed in
this connection is that the provisions of Clauses 9-12 of the Basic Law on
Marriage (Clause 12 speaks of the marital 'partners being entitled to make
among themselves any marriage articles' which are not. contrary to law). and
the provisions of the mentioned laws themselves shall apply also to. the
property relationships of spouses who contracted. marriage ,prior to the enforce-
ment of the Basic Law on Marriage, as well as to property earned by them
up to that time during matrimony pro v i d ed t h e in a r r i ag e w a s
still subsisting on the respective date.
The laws further include a principled prescription whereby the articles
which served to regulate the matrimonial property relationships before the
enforcement of the Basic Law on Marriage shall remain in force unless they
be contrary to -the clauses of the Basic Law on Marriage or the aforesaid
laws. Some: of the laws proceed to elucidate the same principle by rendering
void the marriage articles contrary to the stated regulations as from. the
enforcement of the Basic Law on Marriage: and ;Iire'cluding the realisation of
the rights resulting from such articles (Clause 11 of the law of the People's
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Republic of Serbia and the laws of the PR of Macedonia and PR of Monte-
negro respectively). -
Highly significant are the provisions regulating the validity of marriage
articles concerning dowry made before the enforcement of the Basic Law on
Marriage. It is to be emphasised that the republican laws, deal Only with the
question of articles on dowry concluded before the said laws took effect, and
not those concluded after that date since the validity of -such subsequent
articles was left for appraisal on the strength of Clauses 9 and 12 of the
Basic Law on Marriage. In keeping with the principle of equality of spouses,
all the republican laws decree for property conveyed to the husband as-dowry
by the wife or, other individual under former provisions to be considered as
the wife's separate property, i. e. her own property, the return of which she
may demand at any time from the husband. Pending such demand, however,
the husband shall be considered. authorised by the wife .to.: manage such
property.
Inasmuch as the dowry . consisted.. of items entitling the husband to
acquire a. property right over them on the strength of previous regulations,
he is bound to return the same whenever his wife may bid him to do so.
But in .the event of disruption of consortium, the sale of property securing
the dowry and confiscation the husband is in any case bound to return the
dowry to his wife. In addition to this, all the laws (with the exception of
.the PR of.Slovenia one) prescribe the method of evaluation of the quantity
of expendable goods the husband is bound to return to the wife against the
dowry-while the question of settlement of dowries which were conveyed in
cash receives separate treatment. In this respect all the laws adopt the ruling
that a dowry conveyed in expendable items or in cash be subject to deduction
of a proportionate part of the expenses incurred in connection with the main-
tenance of the joint household and of .the family, the raising and education
of children, medical treatment or funerals. of children or one of the spouses
- in so far as such expenses could not be met by income from the spouses'
property or their earnings.
It is necessary to note, however, that the individual republican - laws
endeavour to regulate in different ways certain detailed issues relating. to
articles on dowry and that they include som?ewhait varying formulations to
that end.
The laws of the PR of Serbia, Bosnia and Hecegovina, Macedonia and
Montenegro contain provisions whereby, in the case of Moslem marriages, the
implementation of the obligation concerning the conveyance of. "mehr" (the
gift made by the bridegroom to the bride upon contracting marriage) may
not be demanded and which exclude the restitution of a "mehr" once it was
conveyed.
An outstanding feature of the law of the PR of Slovenia as compared
with the other republican laws is that it covers special provisions regarding
the validity of marriage articles on the community of property between living
individuals or in the event of death made between espouses before May 9,
1946. Under . these. provisions such articles are mostly left valid, with the
proviso that each spouse must receive out of the joint property at least the
equivalent of his share in the joint property earned during matrimony which
would be due to him even in the absence of articles- providing for the com-
munity of property. Similarly foreseen are certain departures from such
articles in the event of divorce or nullity of marriage.
PROVISIONS OF PARTICULAR LAWS CONCERNING, THE FAMILY
THE LAW ON SOCIAL INSURANCE OF WORKERS, CIVIL SERVANTS AM).
THEIR FAMILIES - -
(Articles. 25-30)
The children of Insured persons enjoy the following benefits: for cloning
.of a- new-born chad, for- improved- food of, the mother and her child; a fixed
-grant for the third and every further child;~permanent monthly allowance for
-each child.
41
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iNEW YUC"OSLAV LAW
(The conditions for the acquisition and exercise of such rights are
determined by the Law).
The government of the, FRP of Yugoslavia is authorized to regulate the
amount of -aid; and allowances for children and the manner of acquisition of
such rights.
THE REGULATIONS ON MATERIAL AID TO THE CHILDREN OF WORKERS,
EMPLOYEES AND CIVIL SERVANTS OF DECEMBER 1, 1949
With the view to ensuring the special protection of the families of
persons in employment, the state gives the following material aid to the
children of workers, employees and civil servants through its social insurance
system:
1. aid for clothing of new-born children;
2. aid for improved food of mothers and new-born children;
3. permanent cash allowance for children;
4. a fixed cash grant to families with more than two children.
The aid provided under 1,2 and 4 belongs to an 'insured person who
had been. in uninterrupted employment for six months at least, or in an Inter-
rupted working relation for 18 months, while the permanent monthly allowance
for children is given regardless of the period of work. In the case of more
children being born at the same time such aids are granted to each child.
The aid for clothing of a new-born child is 2,000 dinars, payable in the
last month of pregnancy.
The Council for Goods Circulation of the Governement of the FPR of
Yugoslavia enables insured persons through its commercial network to provide
themselves with all textile and sanitary materials necessary for hygienic
clothing and baby care during the firs six months. The quantity and quality
of this material is determined jointly by the Federal Ministry of Commerce
and the Federal Ministry of Public Health.
Allowance for improved food for mothers and new-barns belongs
to the wife if she is employed, as well as to the insured 'husband for his wife
and any child born in marriage. This allowance is 600 dinars a month and is
given:. to 'the wife if she is employed -- during her pregnancy leave +(90 days)
and three months after childbirth, and to the insured husband for his
wife and child during three months after. its brith.
The items and quantity of supplementary supply due to the children up
to six months of age are determined by the Federal Ministry of Commerce in
agreement with the Ministry of Public Health and the . Ministry of Social
Welfare. Such items (flour, sugar, meat, fat and textiles) are sold at lower
unified prices apart from the general guaranteed supply. The right to this
assistance ceases in- the event of abortion or death of the child.
Permanent cash allowance for children belongs to .the insured person
for each child he maintains. (a child born in marriage or outside of it, adopted
child, grand-child, -step-child and an alien child without parents) up to 17
years of age. Children at school enjoy this right until they finish regular
schools .or complete 24 years of age. Children incapable .for work enjoy this
allowance so long as their incapacity lasts. The permanent monthly allowance
amounts 'to:
for insured persons with 1 to 2 children -- 175 dinars for. each child;
for insured persons with 3 to 5 children - 250 dinars for each child;
for insured persons with 6 to 8 children - 350 dinars for each child;
for insured persons with 9 or more children - 500 dinars for each child.
The permanent monthly allowance belongs to 'the" ilisured person so
long as he is employed, as well as after the cessation of employment if he is
pensioned or enjoys any other material insurance owing to his incapacity for
work or reduced capacity for work over 50?/a This allowance is also paid
to children enjoying the pension of their parents.
If the salary of an insured person is fixed as a permanent monthly
award the; allowance shall be paid for each calendar month in which he was
employed. In . other cases the allowance shall be. paid if. the worker had
worked 25 days in a month, counting as working days all the days for which
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he is entitled to be paid or to ?get material assistance from social insurance.
Justified absence up to 7 days shall be counted as working days. In the case
of an insured person being prevented from working 25 days during any month
without any fault of his own, he is entitled to allowance regardless of the
number of actual working days. If the insured ,person has changed employment
during any month the working days shall be summed up and serve as a. basis
for securing his right to allowance.
The permanent cash allowance shall not be paid to a child with more
than 1,000 dinars net monthly income from his, employment, property or
scholarship or a child -kept in a state hostel or institution with full board
free of charge.
If both spouses are employed the right to allowance for children may
be determined in the following manner:
1: As a 'rule the right to allowance for children (belongs to the husband.
2. The spouses may agree among themselves .that the allowance shall
belong to the wife.
3. Allowance for children who are not common may be claimed by each
parent independently.
4. If the spouses live separately each of them enjoys allowance for the
children he maintains.
When the spouses live separately allowance for children shall be paid
to the spouse who keeps and maintains the children regardless of whether
the other parent is under obligation to pay for the maintenance of such
children.
A cash grant is made to an insured person with two or more living
children for each new child born alive.
A grant of 3,000 dinars is paid to an.insured person for his third child.
This sum is increased by 1,000 dinars for each subsequent child so that it
amounts to 10.000 dinars for any tenth child.
Adopted children are treated as own children.
This grant is paid to that parent who enjoys the permanent monthly al-
lowance for the youngest child.
It is the duty of employers to keep records of disbursed allowances
for children and preserve the documents proving such rights so long as they
employ such persons.
The insured person is bound to give notice of any changes causing the
-.loss or reduction of allowance or change in the person enjoying such rights. If
he fails to do so within 15 days after their occurrence he shall coir_pen-
:ate the sLaLe for any losses resulting therefrom. If such losses are due to the
error of the employer he shall be responsible to the insurance organs, but he
may indemnify himself from the beneficiary of erroneous payment.
THE LAW ON SOCIAL INSURANCE OF WORKERS, CIVIL SERVANTS AND THEIR
FAMILIES
An insured pregnant woman is entitled to receive remuneration in the
amount of her salary for 90 days if she has worked continually for six months
or worked with interruptions for 18 months during the last two years before
delivery.
If a pregnant woman has been transfered to a lighter job with lesser
salary she is entitled to receive her former salary as remuneration.
A shorter term for the acquisition of rights to such remuneration may be
prescribed for some professions.
If an insured person is ordered by the physician to kook after a .s':ck
member of his family he is entitled to the same remuneration as if he were
himself incapable for work because of disease.
THE REGULATIONS ON THE PROTECTION OF PREGNANT WOMEN AND
INSURED NURSING MOTHERS
An employed pregnant woman is entitled to 90 days of leave for the
purpose of delivery. The leave may start 45 days before delivery or at least 21
days before it If the leave did not start 45 days before delivery by doctor's
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permission it shall be extended for .so many days after delivery. The same
applies in the event of premature childbirth. When babies are stillborn or
die before being 45 days old, the leave shall last 45 days after delivery regard-
less of when it was started.
An insured woman is entitled to her regular salary. and permanent
allowance during her pregnancy leave if she has continually worked for six
months or worked with interruptions for 18 months. She will receive the salary
she has had in the, last calendar -month before her leave. If such woman has
been transfered" to another jo'b -with lesser salary she will receive her former
higher salary during the leave.
Such a, woman may use her annual leave, if she is entiled to it, immediately
after the lapse of her pregnancy leave. -
An insured woman nursing her child is int'i'tled to interrupting . her
work every three hours. The period of interruption lasts half an hour as a
rule if the 'child is in the nursery of her enterprise. If the child lives, at home
the length of interruption. shall be: determined by ` the, chief of her 'service
according to the distance of her home from the office .land transport facilities,
so that half an hour at least shall be allowed for nursing the child. The whole
interruption may not last more than two hours.. The. right to interrupting
work for the purpose of nursing a baby lasts six months, and, may be extended
for another 'two months upon medical advice. If the 'mother does not use the
nursery existing in the enterprise although there are normal possibilities for
doing so -(in view of the state of health of her child and distance from her
home) she will be credited. with half an hour's work for each interruption
regardless of the duration of interruption.
. If owing to the distance from home or nature of transport such interrup-
tion lasts more than two hours or the total worik time is less than 4 hours,
mothers may have a shortened work time of 4 hours day instead of inter-
ruptions. In exceptional cases and on the basis of.advice of the trade union
organization the competent chief may allow shortened wo_k t'me ta mother
capable of interrupting her work. D'uri'ng the :period of. shortened work time
mothers enjoy, apart from their salary for effective work, an allowance of
50a!o of the salary for the time not spent.in \vork. Mothers retain all the. other
rights based on or conditioned by their work.
The shortened work time of 4 hours may be granted to mothers until
their children complete 3 years of age under the condition that there is no
other person in the household to attend to the child.. In that case mothers
enjoy a salary for effective work.
Mothers of. children under 3 years -of age are entitled to paid leave
of 15 days in. case of acute disease of children if their- nursing is indispensable
in doctor's opinion.') Nursing mothers and mothers with children under 3
years of ?age may be ~allowed to work normally in two ,'shifts.
Women after the fourth month .of pregnancy and.nxothers nursing their
children are forbidden overtime and night work .for 8 months,.or 12 months if
so advised by the doctor.
Women after six months of pregnancy (or even before that time if so
advised by the doctor) and mothers nursing their children within the. period
of 8 months may not be sent to work temporarily away from the ,place of their
permanent employment.
The competent.chief or any other responsible person preventing a pregnant
woman, a mother with :a new born child or a nursing mother in the exercise
of 'their rights provided by this Regulation, or acting against the provisions
protecting the mother, reducing 'or extending the rights without authorization
shall be fined from 500 to 25,000 dinars.
Any woman acquiring by fraud the rights .not, due to her shall be fined
500 to 10,000 dinars.
1) Article -16 of the "Law, on social insurance : extended this right- to: all
members. of the family. regardless of age.
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- LEGISLATION AND COMMENTS
DECREE ON THE ORGANIZATION AND W
0PLK OF THE COUNCIL FOR THE
PROTECTION OF MOTHERS AND CHILDREN
A Council for t$e Protection of Mothers and Children is attached to the
Committee for Social Welfare of the Governement of the FPR. of Yugoslavia.
The task of the Council is to study the problems relating to the protection of
mothers and children and recommend concerte measures for their solution and
for coordination of activities of state organs and social organizations in that
sphere. - -
The organization and work of the Council is regulated by separate
Rules of the Committee for Social Welfare of the Government of., the FPR of
Yugoslavia. .
The Council cooperates in the. formulation of all provisions relating to
the protection of mothers and children; studies various organizational questions
and organizes in concert with the state organs and social organizations various
drives in aid of mothers and children.
The Council may form commissions for the, study of various questions
and separate committees for carrying out particular actions. The. Council may
conduct inquiries through various ministries and, social organizations... ...
The Council has a separate estimate of revenues and expenditures
within the budget of the Committee for Social Welfare of the Government of
the FPR of. Yugoslavia.
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SUMMARY OF CONTENTS OF JURIDICAL PUBLICATIONS
ARHIV ZA PRAVNE I DRUSTVENE NAUKE (The Archive for Juridical.
and Social Science),.No 1, 1951, Beograd.
A Summary of the Draft Criminal Law (Frane Frol); The New Criminal
Law (Dr. Vladimir Bakaric); Points on Criminal Law (Dr. Josip Hrncevi6);
The Protection of Citizens' Rights at Criminal Law (Dr. Makso Snuderl); The
Concept of Criminal Offence (Nikola Srzentic); The Problem of Guilt (Dr.
Stanko, Frank); The Criminal-Juridical Position of Minors at Criminal Law
(Dr. Vladimir. Kalember); Points on Accessories in the New Criminal Law
(Dr. Bogdan Zlatari6); Two Sessions of the FPRY National Assembly; The
Debate on the Criminal Law Bill in the FPRY National Assembly; Retort to
Professor Rastaftn's Review of "Material Law" by Andrija Gams;. Notes and-
Bibliography.
NASA ZAKONITOST (Our Justice). A review of juridical. research.,
Zagreb. Ni. 5-6 for 1950.
The Self-determination of People and the Valid Constitutions of East
European States (Nikola Perencevic); Points on the Application of Clauses
261 and 280 of the Law on Criminal Procedure (Dr. Dragutin Pavic); Pro-
cedural Guarantees as a Reflection of Democracy (Tomisilav Markovic); The
Public Prosecutor's Participation in Administrative Procedure (Branko MarsiC);
Mandatory Procedure and the Reopening of Proceedings Before the State
Arbitration (Ivan Bukljas); Highlights of the New Law on the Election of
People's Deputies to the Assembly of the People's Republic of Croatia (Dr.
Bozidar First); Notes; The Activities of, the Zagreb Branch of the Jurists'
Association of the People's Republic of Croatia; Court Practice: From the
P. R. of Croatia Jurists' Association.
NASA ZAKONITOST (Our Justice). Ni 1 for 1951.
On the New Criminal Law (Dr. Vladimir Bakaric); Notes on Clause 1
of the New Criminal Law (Josip Brncic); The Principle of Lawfulness in the
New Criminal Law (Dr. Jerko Radmilovic); On the Introductory Law to the
Criminal Law (Dr. Bozidar Kraus); The Unity of Authority (Nikola Perencevio);
On Causes for Divorce (Dr. Zlatko Kri2anic); Observations on the State's
Civil Suits (Dr. Nikola Batui"sic); Rebuttal of Notice and Staying of Action
in Administrative-Criminal Proceedings (Branko Marsic); Court Practice;
From the P. R. of Croatia Jurists.' Association.
LJUDSKI PRAVNIK (The People's Jurist), 'Organ of the Society of Jurists
of the People's Republic of Slovenia. Ni 1 for 1951, Ljubljana.
The Socialist State and the Citizens' Councils (Dr. Joe Globevnik); On
the Immunity Rights of People's Committeemen (Mirko Hocevar); Some Archive
Issues Analysed (France Skerl).
LJUDSKI PRAVNIK (The People's Jurist). Ni 2 for 1951.
The Five Years of the FPR Yugoslav Constitution (Dr. Hedi Medic);
Points About Attempted Accompliceship (Franc Sever); Graduated Lawyers
in the People's Republic of Slovenia (Vladimir Banac).
NARODNA DRZAVA (The People's State), Monthly review devoted to
State Administration and Economy. Responsible Editor: Dr. Leon Gerskovi&
;NI 1 for 1951. Beograd.
The Abolishment of the State Control Commission; Some Characteristics
of the 1951 Plan (Dr. Jaga Davico); The Potentialities of our Institutes for the
Promotion of Production. (Kresimir Brant); The Utilisation of Accounts for
the Correct Management and Control of Economic Enterprises' Business (Bozi-
dar Race); Our new Legislation; Bibliography.
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EKONOMIST (The Economist), Organ of the Society of Economists of
the People's Republic of Serbia. M 1 for 1951. Beograd.
The Economist's 4th Anniversary; Comrade Kidric's thesis on the Eco-
nomic Transitionary Period (Radivoj Davidovic); Contemporary Economic Sci-
ence in the Soviet Union (Dr. Radivoj Uvalic); Attempt at Systematization of
Subject Matter Embraced by the Organization of Socialist Enterprises (Dr.
JaAa Davico); Some Problems of State Capitalism (Mirko Perovi[.); The Basic
Lines of Kaynes' Economic Theory (Rados Stamenkovi4) A Contribution to
the Question of Amortization of Basic Assets (Branko Kraljia); Economic
Survey; Reviews and Comments; Economic Chronicle of the People's Republic
of Yugoslavia); Bibliography.
MEDJUNARODNI PROBLEMI (International Problems). V~ 1 for 1951.
Beograd.
The Contradictions of the Transitionary, Dying Capitalism (Milan
Gavri6); The Problem of Decentralization of West German Economy After
World War II (Dr. Svetozar PoliL); The Policy of Sustained Farming Produce
Prices in USA (Vladislav Mi.lenkovi(,); Book Review; Diary of the Institute's
Activities.
FINANSIJE (FINANCE), N 1-2, 1951, Beograd.
The FPRY Finance Minister's Statement on the Proposed 1951 Budget;
Our Basic Tasks This Year; The Goods and Payments Balance, the New Trad-
ing System and Consumer Goods Prices (Milan Mihailovic); International
Financial Institutions (Dragoslav Avramovic); Customs Duty of Yore and Today
Cvetko Kostie); Proposals and Opinions; Historical Material; Our Practice;
Economic-Financial Review; Books and Periodicals; Notes.
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EDITORIAL NOTE 1
I'.NOTES ON THE LAWS OF FAMILY LEGISLATION
1. The Basic Marriage Law 4
2. The Basic Law on the Relationships Between Parents and
Children 10
3'. Notes on the Guardianship. and Adoption Law 15
U LEGISLATION AND COMMENTS
1.. The Basic Law on Marriage. 22
2. The Basic Law on Relationships Between Parents and Children. ..:26.
3. The Basic Law on Guardianship . . . . 28
4. The Law on Adoption 31
5. The Law on the Exercise of Guardianship of the PR of Serbia 32
6. Republican Laws on the Validation of Heretofore Unrecognised
Marriages and on the Property Relationships of Marital Partners 37
7. Provisions of particular laws concerning the family ? 41,
III SUMMARY OF CONTENTS OF JURIDICAL PUB-
LICATIONS . . . . . . . . 46
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The NEW YUGOSLAV LAW Is published every three months in
English and French.
The annual subscription is 16s. or $2' or 800 French frs.
subscriptions should be -sent ta:' NEW, YUGOSLAV LAW -
Cheque Account M 30C903$021T, at the National Bank of the FPRY,
Branch for ' I Serbia, Beograd..
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