19 October 2021
The outcome of our dissemination event was very positive. It was a great opportunity for students from different countries in the region of former Yugoslavia to participate at the same event and talk about most important issues of family law in their own countries.
§ The impact of our webinar was mostly on students who have participated at the webinar, as they have learned on different legislation on marriage, non-marital cohabitation and same-sex union and they have concluded that joint legal history from period of the same country – Yugoslavia still has consequences on contemporary law. There are a lot of similarities, especially in law on marriage and non-marital cohabitation. The impact of our webinar was not only on students who have participated at the webinar, but on students who are studying the course Family law at second year, as they have opportunity to listen to the webinar, as I have posted it at the platform. There are almost 100 students who are able to learn a lot from this webinar.
MARRIAGE IN SERBIA
Lazar Šeik
In Serbia, marriage is regulated by the Family Law from 2005, which says that marriage is a community of life of one woman and one man. The nuptiality rate in Serbia, according to data from 2019, was 5.1, while according to data from 2020, it was 3.4 per 1,000 inhabitants. The divorce rate in Serbia, according to data from 2019, was 1.7, while according to data from 2020, it was 1.2 per 1,000 inhabitants.
When it comes to the conditions for marriage, the Family Law of Serbia stipulates that they are: gender differences, declaration of will to marry, jurisdiction of the registrar, realization of community of life and marital disruption (marriage, inability to reason, kinship – blood, adoptive and in-law, guardianship , infancy and lack of will). Conditions can be divided into both material and formal. The formal condition would be the jurisdiction of the registrar and the marriage procedure, while the other conditions would be material.
Gender diversity is a material condition for marriage and is a basic condition for the validity of marriage. Only a man and a woman can get married. This condition is in most cases indisputable and the registrar determines the sex of the future spouses on the basis of the birth certificate and visual statement. This condition could be controversial in cases of hermaphrodites, castrates and in cases of transsexuality.
A declaration of will to enter into marriage is a material condition for entering into marriage, which implies that the marriage is concluded on the basis of free and affirmative declarations of the will of the future spouses. A statement of will should be given by a person who is capable of reasoning. The rule is that the will is expressed orally and in person, but there are exceptions to this rule.
The union of life is a material condition for marriage and at the same time the basic motive for marriage, and it represents the totality of marital relations. If the marriage is concluded for some other purpose, it is a fictitious marriage that is not valid.
Marital disturbances are among the negative material conditions for marriage and they are:
- Inability to reason is the inability to understand the meaning and consequences of marriage. It can be a consequence of a mental illness or mental disorder, retarded mental development, but also other circumstances (the effect of alcohol, narcotics, …) that lead to a temporary inability to reason.
- Deficiencies of will imply that the marriage is valid if the declared will is free, ie. without coercion or delusion.
- Minority implies that marital maturity in our law is acquired at the age of 18, equally for women and men and at the same time with business ability. Exceptionally, the court may allow the marriage of a minor who has reached the age of 16 and who has reached the physical and mental maturity necessary to perform the rights and duties in marriage.
- In domestic law, all forms of kinship are a marital obstacle. When it comes to blood kinship, there is a disorder between relatives in the direct line, regardless of the degree, and in the lateral line, relatives up to the 4th degree of kinship cannot marry. Adaptive kinship is a hindrance in the same way as blood kinship because adoption creates a relationship between the adopter and his relatives, on the one hand, and the adoptee and his descendants on the other. In-law kinship is a hindrance in the way that marriage cannot be entered into by in-laws in the first degree of the straight line and they are: father-in-law and daughter-in-law, son-in-law and mother-in-law, stepfather and stepdaughter as well as stepmother and stepfather. Disruption of in-law kinship is remediable.
- Marriage implies that a marriage cannot be entered into by a person who is already married and protects the principle of monogamy.
- Guardianship implies that the marriage cannot be concluded between the guardian and the ward during the guardianship relationship, ie. if they want to conclude a marriage, it is necessary to terminate the guardianship relationship beforehand.
The jurisdiction of the registrar is a formal condition for marriage and implies that the registrar is the competent authority for marriage and abroad our citizens can marry before the diplomatic and consular representative of our country.
The marriage procedure is a formal condition for marriage, which means that the marriage is concluded in a civil form which includes: premarital procedure, marriage ceremony and marriage registration.
The effects of marriage can be divided into 3 basic groups: personal relations between spouses, personal property relations between spouses and property relations between spouses.
Personal relationships between spouses are:
- A community of life that represents the totality of marital relationships and is based on love. The Family Law of Serbia in relation to the community of life stipulates the obligation of respect and assistance between spouses.
- Independence in the choice of work and occupation prevents pressure on one of the spouses to leave the job or not to get a job in order to stay at home and take care of the family (usually the wife).
- Place of residence and joint household means that the spouses determine the place of residence by agreement and decide on running a joint household.
- Last name of the spouse, which means that each of the spouses during the marriage can: keep their last name, take the surname of the other spouse instead of your surname or add the surname of the other spouse to your surname, or add your surname to the surname of the other spouse.
Personal property relations between spouses include the right and obligation to support between spouses. It exists during the marriage as well as after the dissolution of the marriage. In order for a spouse to be entitled to maintenance, it is necessary that he or she does not have sufficient means of subsistence, which is considered fulfilled when he or she has no means of subsistence at all and when he or she does not have sufficient means and is incapable of work. Unemployment can be an alternative component and should be without the fault of the spouse, taking into account the spouse’s qualifications in relation to the qualifications required for the job available and the distance of the job available in relation to the place of residence. The Family Law of Serbia also envisages one protective provision according to which a spouse whose request would represent an obvious injustice for the other spouse will not have the right to maintenance. The basic criteria for determining maintenance are the needs of the creditor and the possibilities of the maintenance debtor. When it comes to the needs of creditors to support the circumstances that are taken into account are: age, health, education, property, income and other circumstances. When it comes to the possibilities of the provider of support, the circumstances that are taken into account are: income, the possibility of employment and earning a salary, property, his personal needs, the obligation to support other persons and other circumstances. The Family Law of Serbia also introduces the minimum amount of maintenance determined by the ministry in charge of family protection and which the court must take into account when determining maintenance in a specific case. As a rule, alimony is determined in money, although it can be determined in some other way, but only if the creditor and the debtor of alimony agree on that. It can also be determined in a fixed monthly amount of money or as a percentage of the regular monthly cash income of the debtor. If maintenance is determined as a percentage of the regular monthly cash income of the maintenance debtor, it cannot, as a rule, be less than 15% or more than 50% of the regular monthly cash income of the maintenance debtor less taxes and contributions for compulsory social insurance. Maintenance may last for a definite or indefinite period of time, but the obligation of spousal support is usually term-term after the termination of the marriage and cannot last longer than 5 years, but there is a protective provision prevent the spouse of the maintenance creditor from working. Maintenance ceases: upon the expiration of the duration of the maintenance, the death of the creditor or the debtor of the maintenance, and in the case of spousal support when the maintenance creditor enters into a new marriage or cohabitation. It can also be stopped by changing the circumstances on the part of the creditor or the debtor.
Property relations between spouses are regulated by the Family Law of Serbia in such a way that the legal property regime (regime of joint property) applies between spouses with the possibility of concluding a marriage contract. Joint property means property acquired by the spouses through work for the duration of the marital union. The elements for the emergence of common property are therefore: marriage, work and community of life. Work means work that directly brought in income, but also work that indirectly contributed to the maintenance or increase of property. The union of life implies that joint property arises only if the spouses realize the union of life, and when the union of life ceases, the creation of joint property ceases. The joint property is managed and disposed of jointly and severally by the spouses. There is a legal presumption that the spouse always undertakes regular management activities with the consent of the other spouse, while this presumption does not apply to the disposal and extraordinary management and their explicit agreement is required. Also, while there is joint property, the spouses’ shares are indefinite, so that the disposal, alienation and encumbrance of individual shares is prohibited. If an entry has been made in the public register of real estate
rights in the name of only one spouse, it shall be deemed to have been made in the name of both spouses. However, this presumption will not apply if, after the registration, a written agreement has been concluded between the spouses on the division of the joint property or the court has decided on the rights of the spouses on the real estate. The division of joint property can be done during the marriage as well as after its termination and can be agreed (concluded in the form of a notary public record) and if the spouses cannot agree on the division, the court decides on it and it is a court division. The Family Law of Serbia introduces the presumption of equal shares of spouses in joint property, but in certain situations a higher share of one spouse in joint property can be determined. During the division, certain property has a special regime and they are: things for personal use, use of children, things for professional activity and household items. In addition to the joint marriage, there may be a special property of one of the spouses and that is all that the spouse acquired before the marriage, and in addition it may arise during the duration of the marriage and it would be property acquired by the spouse through the division of joint property, inheritance, gift or other legal transaction by which only rights are acquired. The Family Law of Serbia introduces the possibility of concluding marriage contracts on property regime. Marriage contracts can refer to existing property (the one that the spouses acquired before the marriage) and to the future property (the one that they will acquire during the marriage). , … The notary public is responsible for concluding marriage contracts and they are made in the form of a notary public record. Marriage contracts cannot regulate the personal property effects of marriage.
The marriage ends with the death of the spouse, annulment and divorce. Divorce is a way to end a valid marriage. The modern theory of divorce views it as a way out of disturbed marital relations, and it is the theory of divorce as a legal remedy for disturbed relationships, and it is characterized by the existence of a general cause of divorce and consensual divorce. Today, there is a significant phase of divorce proceedings and the phase of mediation. The notion of guilt is omitted and does not matter when it comes to initiating divorce proceedings, nor in the consequences of marriage (only in the case of subsistence and the right to housing, some subjective elements are taken into account). The Family Law of Serbia recognizes 2 basic causes of divorce, namely divorce by agreement and disruption of marital relations. They are general and undisguised. Divorce by agreement is regulated so that the conditions are stricter and the spouses should agree on the divorce itself, on the exercise of parental rights and on the division of joint property. The agreement had to be made in writing, and if such an agreement exists, the court does not examine the circumstances that led to the divorce, and only has the obligation to assess whether the spouse’s agreement on exercising parental rights is in the best interest of the child. Disruption of marital relations is a cause of divorce which, as an alternative cause, includes the impossibility of living together. In order for a marriage to be divorced on the basis of this cause, the disruption of the marital relations should be serious and permanent, and the impossibility of realizing the community of life of the spouses should be objective. In these cases, the marriage is divorced on the lawsuit of one of the spouses. The mediation process consists of two phases, the conciliation phase and the settlement phase. The purpose of conciliation is to resolve disturbed relations between spouses without conflict and without divorce, while the purpose of the settlement is to resolve the disturbed relationship between the spouses without conflict after the annulment or divorce. Mediation is regularly conducted in the case of divorce proceedings initiated by a lawsuit and is not conducted if: one of the spouses does not agree to mediation, if one of the spouses is incapable of reasoning, if the residence of one of the spouses is unknown or if one or both spouses live abroad. In the case of an amicable
divorce, the mediation procedure is conducted only at the request of the spouse. The institutions that are competent to conduct the mediation procedure are: the court, the guardianship authority, marital or family counseling centers and other institutions that specialize in mediation in family relations.
Non-marital cohabitation Sanja Aleksić
The notion of non-marital cohabitation is not uncommon in our society today, we have accepted that partners can live and work together without being formally connected by marriage. The relevant fact is that society and customs significantly contribute to the formation of positive law, and has such an influence been exercised in terms of non-marital cohabitation? The first legal act in Serbia that recognizes the concept of non-marital cohabitation is the Law on Workers’ Insurance from 1922, it recognizes the right to material support for the illegitimate wife of a deceased worker, provided that the community of life lasted at least a year and a child was born in it. The development of rights continued after the Second World War, which brings the expansion of the rights of non-marital partners, despite the attitudes that were against them, non-marital cohabitation managed to survive, as best evidenced by data collected in the last census showing that the number of persons over 15 years living in non marital cohabitation is as many as 236,063.
The Constitution of the Republic of Serbia equates non-marital cohabitation with marriage, and closer characteristics are regulated by the Family Law, where we notice that the status concept of non-marital cohabitation has been adopted in Serbia, which means that non-marital cohabitation is regulated by law and not by contract between partners. It is defined as a more permanent community of life of a woman and a man between whom there are no marital disturbances. The constitutive elements in this case are: community of life, permanence, gender diversity and the absence of marital disturbances. The Family Law uses the term „more permanent” community instead of the term „permanent” community, the reason being that the accepted term is marked as less strict, the determination of the time span representing a „more permanent” community is left to court practice. The law stipulated as obstacles: marriage, kinship, inability to reason, lack of will, juvenile and guardianship. In order for an non-marital cohabitation to occur, it is enough for the partners to establish a community of life and for both parties to have the will for the community to last as long as possible. Partners formally have rights and duties as spouses, but it is noticeable that differences still exist. For a start, there is no change in the personal status of the partner so there is no change in personal name and citizenship, rights that are characterized by personal character, such as living together, respecting and helping, choosing work and occupation, choosing a place to live and running a joint household, produce the same actions as in marriage. When it comes to subsistence between partners, the law stipulates that a partner who does not have sufficient means of subsistence, is unable to work or unemployed, has the right to demand maintenance from the other partner in accordance with his abilities. Property relations are regulated as in a marriage, the partners have common and separate property, and this relationship can be regulated by a contract that should be made in the form of a notarial deed. The effect of the termination of the non-marital cohabitation is reflected in the case that one partner exercises parental rights over the joint child, he has the opportunity to live in an apartment owned by the other partner if he and the child do not have the right of ownership in the habitable apartment. The issue of exercising parental
rights can also be raised, children born in and out of wedlock are completely equal in rights and duties, the difference is noticed in the issue of establishing paternity. Family law stipulates that the father of a child born out of wedlock is a man whose paternity has been established by a confession or a final court decision. The possibility for non-marital partners to adopt a child together is also envisaged. The most important and controversial question that arises is: Should non-marital partners inherit the same as spouses? The current Law on Inheritance from 1995, by the method of enumeration, states the circle of persons who make legal heirs, not including non-marital partners, which does not exclude the possibility of acquiring certain rights as testamentary heirs. Courts today, applying the rules prescribed in the Law on Inheritance, do not recognize non-marital partners as the legal heirs of the testator. The right to a survivor’s pension was not provided for unmarried persons, however, the amendments to the Law on Pension and Disability Insurance in 2019 provide for the right of an non-marital partner to acquire the right to a survivor’s pension if one of the two prescribed conditions is met that the partners community duration is at least three years or they have a child together. In addition to the mentioned rights, the non-marital partner is recognized the right to fair financial compensation for mental pain suffered due to the death or severe disability of his partner, the right to compulsory health insurance, the right to infertility treatment, the right to social protection. In case of dissolution of the non-marital cohabitation, the presence and activity of state bodies is not required, the only condition that must be fulfilled is of a subjective nature and implies the will on the part of the partner not to live together anymore.
The law of the Republic of Serbia is based on the traditions and customs of our people, but it is noticeable that the development of new generations additionally affects many issues in almost all areas of our system. Talking to people who belong to different generations, I notice that the views on this topic are different. Persons up to the age of twenty unanimously support non- marital cohabitation, believing that they should be completely equated with marriage, even in terms of inheritance, and that the advantage is the absence of formalities. People aged 35 to 45 gave different answers, on the one hand people living in smaller communities are more focused on traditional society so they believe that non-marital cohabitation should not be equated with marriage, while on the other hand people living in larger cities they more easily accept non- marital cohabitation and equate them with marriage. People over the age of 60 almost unanimously say that non-marital cohabitation should not be equated with marriage. Do society and customs influence the regulation of cohabitation? Namely, from the attitudes of people of different ages, it can be concluded that our law has given society and customs an advantage in regulating this issue, however, given the attitudes of the younger generation that will soon overcome all others, it can be inferred that non-marital cohabitation in the future to be fully equated with marriage both formally and informally.
Same-sex union Marija Lukić
There are three basic ways of regulating same-sex unions. The most prevalent is the concept of registered partnership, and in some countries, same-sex marriage is permitted, while the third concept, the de facto concept of civilian partnership does not require any specific form for its emergence.
In terms of the model of registered partnership, it should be stated that there are two groups of law divided by differences of legal facts of partnership and its discontinuation, therefore
meaning that in some countries legal facts of partnership have similar or identical actions as marriage. This entails the fact that their discontinuation is similar to a divorce over which the court has jurisdiction. The second group of law is characterized by differences between the registered partnership and marriage regarding personal actions among partners, in the relationship between children and parents, as well as inheritance.
The conditions for establishing the model of registered partnership are: respecting the principle of monogamy, absence of kinship, legal age, ability to work, free will and as a special condition which is present only in establishing a registered partnership, whose adequacy arises from the fact that specific legislations do not regulate the issue of same-sex union, therefore, as a rule, cannot be recognized – is citizenship or residence of at least one individual in the country in which the partnership is being established. In terms of establishing a registered partnership, it is relevant to mention that its establishment is possible in front of an administrative or judicial body, whereas an important difference from marriage is that the registration is solely a civilian action, while marriage could be established in a religious form. Property regimen, family home, child support, and inheritance rights are identical to the ones of spouses, whereas the major differences in legislation regard relationships related to children. The registered partnership can be discontinued based on final court judgment of discontinuation of partnership, later in administrative procedure and by agreement or one-sided statement coming from one partner, which is given to the registrar or based on the final decision of the amenable administrative body in charge of registration through marriage, as well as the death of a partner.
The concept of same-sex marriage in Europe is acknowledged in the Netherlands, Belgium, Spain, Portugal, Norway, Iceland, France, Great Britain, and Luxemburg.
The concept of the de facto same-sex union is accepted in Croatia and Portugal, which implies that the union of same-sex individuals causes consequences even if it did not occur in the formal procedure but only based on the partners’ consent.
In terms of regulating the issue of same-sex unions in the Republic of Serbia, the minister for human and minority rights and social dialogue Gordana Comic stated that the question is not whether the Act of same sex unions will be passed but when it will be done. The proposal of the law of same-sex unions regulates the issue of the same-sex union among two same-sex individuals, the effect and legal consequences of the registration, means of discontinuation of the same-sex union, property relations, and protection from violence within it. There exist two types of this union provided by the Proposal, which is registered and non-registered same-sex union. The first is the union of family life of two individuals of the same sex, which is established before a competent public authority, whereas the second is the union, which has not been realized before the authority but without interference within it, in terms of the context of the law. The union is conceived on respecting the equality, dignity, mutual help, and esteem between partners, as well as respecting their gender identity. Under regulations, which settle the prevention and protection from domestic violence, the partner, ex-partner, the partner’s or ex-partner’s child from a same-sex union i.e. unregistered same-sex union has the status of a family member, therefore have mutual protection from violence and prohibition of discrimination.
Same-sex union is formed between two adults of the same sex to live in a union, before the competent authority, following this law. As far as interference is concerned, those mentioned are the inability of reasoning, the difference in sex, age below 18, existence of a marriage or
registered same-sex marriage, kinship in a straight line, certain degrees of lateral relations, adoptive and in-law kinship within the first degree of a straight line. An oral or written registration to the registrar responsible in the specific local community is required, with documents, which prove the facts, both the ones with and without official records.
Based on provided documentation and statements of the individual, the registrar inspects the fulfillment of conditions. Therefore, if the conditions have not been fulfilled, the registrar orally gives notice to the applicants that they cannot form a union and the reasons for it. A deadline of three days after the announcement is given, in which the registrar decides to decline the application for forming a union, which is delivered to the applicants. There is a possibility of a complaint within 15 days of receiving the decision. The time of forming the union is decided mutually between the registrar and the applicants and if it is not complied with without providing a justification, the application is considered to be withdrawn. The act of forming a same-sex union is the same as the one of forming a marital union, in terms of means, room layout, witnesses, procedure, entry of the union in the record of same-sex union, and delivering a report for it.
Same-sex unions can be discontinued with the death of one partner, proclaiming a missing partner deceased through an annulment and termination. In terms of annulment of the same-sex union, the reasons for annulment are consanguinity, the existence of a different purpose for forming a same-sex union, without it being a union of life, the existence of a previous same- sex union, inability for reasoning in the moment of forming it, the existence of any type of kinship, adoptive or in-law relation.
Reasons for abolition are stated to be the existence of coercion, delusion about the individual, or an important trait when forming a same-sex union. The same-sex union is terminated through a procedure before the court, which is initiated by a lawsuit, in the situation of seriously and permanently deranged relationships or when there are other reasons because of which the purpose of the union cannot be realized, as well as through a partner’s compromised proposal for divorce, which must contain an agreement on the division of joint property. Exceptionally, the same-sex union can be terminated before the registrar, by agreement, under the condition that there is no minor in the union and the partners do not share property. The court delivers the decision about the union’s abolishment or termination to the registrar in electronic form, to enter it in the register of same-sex unions.
Partners of the same-sex union decide upon all issues relevant to co-habitation by agreement, they have the right to protection of privacy of domesticity, obligation to aid and care in case of an illness, therefore having the same procedural rights and a position in all court and administrative procedures as spouses. When it comes to criminal procedures against an individual from the same-sex union, their rights and obligations are equalized to the rights and obligations of spouses, in accordance with provisions of the Criminal Code and Criminal Procedure. A partner in the same-sex union who has been deprived of liberty or is held in custody or is serving a criminal penalty has the equal right of receiving packages, visits from their partner, and visits in special rooms as a spouse, following the law which governs the execution of criminal penalty.
In case of an illness of one of the partners from the same-sex union, the other partner has equal rights as a spouse, regarding the notice about the health condition, choice of the decision about
the medical treatment, and the situation of giving consent about medical measures when the partner is unable to do it.
As far as the consensual choice of a surname is concerned, as well as supporting the partner, the same rules apply as for the union of spouses. It should be noted that when observing the child support of a same-sex partner, as well as making decisions regarding the child in case of emergency, there are certain deviations, so given the exercise of parental rights, a same-sex partner has a wider range of rights than stepfather/stepmother: makes decisions on necessary and urgent actions in the best interests of the child, to make daily decisions about the child in agreement with the child’s parent, and in the best interests of the child, if the same-sex union ceases to exist, the child has the right to maintain personal relations with his parent’s ex-partner. On the other hand, the stepfather/stepmother cannot exercise parental rights. The stepfather/ stepmother only has the right and duty to support the child. The child has the right to maintain personal relations with the stepfather/ stepmother but not unconditionally as the same-sex partner, rather only if the child has a special bond with the stepfather/stepmother.
In order to harmonize the legal system, the rights of same-sex partners similar to the rights of stepfathers and stepmothers, or the rules on the rights and obligations of stepfathers/stepmothers should be changed, before these rights are granted to same-sex partners.
Property relations are regulated in the regimen of separate and joint property. Each partner manages and disposes of special property independently, unless the partners agree otherwise, whether they acquired it during the life of the union by division of joint property, inheritance, gift or other legal business for the acquisition of exclusive rights. If during the duration of the same-sex union there was a slight increase in the special assets of one partner, the other partner is entitled to a claim in cash in proportion to his contribution. However, in the case of a significant increase in the assets of one partner, the other is entitled to a share in those assets in proportion to its contribution. The joint property in this union consists of property acquired during the union of life, property acquired by used intellectual property rights, work of the partner, income from special property, property acquired by gambling, unless the partner has invested his special property there. The rights of same-sex union partners are entered in the public registers of real estate rights and other corresponding property registers in the name of both partners as their joint property with unspecified parts. The entry of only one same-sex partner in the register is taken as a presumption that the entry was made in the name of both partners. In addition, if they are registered as co-owners in the register, they will be considered to have divided the joint property. A partner of a same-sex community cannot independently dispose of their share in unallocated joint property. The partner is liable for the obligations assumed before or after the conclusion of the same-sex union with their special property, as well as with their share in the joint property. The joint and several liability of the partner is present towards third parties in order to meet the current needs of the community. Furthermore, partners in the same-sex community can enter into a property contract in the form of a notarized solemnized document. This agreement excludes the legal regime of joint property, about which a note is placed in the confirmation clause. That agreement is entered in the register of real estate rights.
The provisions of the Law on Inheritance apply to issues related to the inheritance of same-sex partners. The tax obligations of same-sex partners are regulated in the same way as for spouses. In the case of acquiring real estate on the basis of inheritance, gift contract and in other cases
of acquiring real estate without compensation, the partner of the same-sex community is released from the obligation to pay the same. A same-sex partner and a dependent child are considered members of his family, in the event of the death of the insured or pension beneficiary.
Same-sex union is equated with marital union in terms of recognition of other rights and freedoms, and especially in terms of employment rights, use of public services, residence in the territory of the Republic of Serbia, etc. According to the procedure and scope, as well as the spouse and other members of his family, persons from this community also enjoy health care and insurance. Analogously, the rights from social and child protection are regulated according to the same principle.
The Law on Obligations applies to compensation for material and non-material damage to one partner in the event of death, bodily injury or damage to the health of the other partner.
The register of same-sex unions is kept in the form of a single central written and electronic database of all concluded same-sex unions. The register contains the basic entry and the amendment, supplement or deletion of the basic entry. An integral part of the register are the documents that represent the basis for data entry, as well as their editing. The register is kept for the territory of the local self-government unit by the competent authority. The register is kept in written form according to the prescribed form and certified at the end of each calendar year, concluding with the last ordinal number of entries in that year. It is an integral part of the central population register. The registrar is responsible for keeping the error correction. The data from the register may be used in accordance with the law governing the protection of personal data, or on the basis of the written consent of the person to whom the data relate. Furthermore, the ministry uses data to link that data and data from other records it keeps. Other officials may request information only with special authorization and in connection with matters within their competence. The statement and certificate from the register are issued by the registrar, based on the data. They are issued at the request of the person to whom the registration refers or others, if they have a written authorization or are authorized by the letter of the law. In the event of death of the subject who has not given explicit authorization during his lifetime, the data from the register shall be issued to persons who have a legal interest in using the data of the deceased, unless his legal heirs object. The appearance of the form on which the issue is issued is prescribed by the competent Ministry. The person to whom the data relates and the legally interested person have the right to inspect the register. The provisions of the law governing the protection of personal data shall apply to the protection of personal data of partners entered in the register.
An unregistered same-sex union is defined as a union of family life of two persons of the same sex, who have not formed a union before the competent authority, if the union lasts at least three years and the conditions prescribed for its validity are met. Its existence is proven in the same way and under the same conditions as in the case of an extramarital union. With regard to personal rights, the obligation to support the partner’s children, making the aforementioned decisions, as well as the property relations of the same-sex community partner, except for the right to take the other partner’s surname, the same consequences are produced as for the registered same-sex community. On the other hand, in the domain of inheritance, tax system, pension insurance, social protection system, compulsory health insurance and protection, rights
and obligations from labor relations, access to public and market services, the same consequences recognized to the extramarital community are produced.
Having in mind that the position of same-sex communities in the Republic of Serbia is still being discussed hypothetically, and due to difficulties in accepting this issue by the public, it should be noted that the Republic of Serbia managed to decriminalize homosexuality in 1994 and prevent homosexuality from becoming a mental illness in 2008. Emphasizing that same- sex communities are a part of reality that can no longer be ignored, especially since the dynamics of their legal recognition and regulation is a consequence of one of the most intense changes today, and in relation to the global scale, the Republic of Serbia shows readiness for further work on regulating this issue.
Title of the event MARRIAGE, NON-MARITAL COHABITATION, SAME-SEX UNION
Place of the event: Novi Sad, Maribor, Zagreb
Format of the event :Joint Advanced Student`s Webinar
Place and time of the presentation: Novi Sad, Maribor, Zagreb 19.10.2021. 11,30h-13,30h
Language of the event Serbian, Croatian, Slovenian
