European Family Law Volume II
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European Family Law Volume II

The Changing Concept of ‘Family’ and Challenges for Domestic Family Law

Edited by Jens M. Scherpe

This four-volume set maps the emerging European family law. It is intended to serve as a resource for anyone interested in this area of law, as well as a basis for teaching on comparative and international family law courses. The first volume examines the impact of institutions and organisations on European family law. While there is no European body that could actually legislate definitively on family law, there are some institutions that have a direct impact on European family law, while the impact of others is more indirect. In the second volume the changing concept of ‘family’ and challenges for domestic family law are analysed in 21 different jurisdictions, in 16 chapters. All contributions look at ‘horizontal’ family law (the law concerning the relationships between adults), ‘vertical’ family law (the law concerning the relationships of adults and children) as well an ‘individual’ family law (the law on names and gender identity). In the third volume the contributions take a comparative view on specific issues from a European perspective. The fourth volume, which works as a stand-alone monograph, draws on all of the previous chapters, and discusses the present and future of European family law. It establishes areas where ‘institutional’ European family law exists – in the sense that there are binding legal rules for all European jurisdictions – for example, as a result of a decision by the European Court of Human Rights. It also identifies areas where, as a result of common legal and social developments for ‘horizontal’, ‘vertical’ and ‘individual’ family law, an ‘organic’ European family law is emerging and suggests how family laws in Europe are going to develop in the future.
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Chapter 13: The changing concept of ‘family’ and challenges for family law in Slovenia

Barbara Novak


Slovene family law regulates three forms of life union partnerships: marriage, extramarital unions and registered unions of same-sex partners. The first two forms of life union are intended only for partners of the opposite sex and are regulated by the Marriage and Family Relations Act, while a registered same-sex partnership is regulated separately from the other two heterosexual life partnerships, by a special law: the Registration of Same-Sex Civil Partnership Act. The Marriage and Family Relations Act, which has been in force since 1977, was created as a republican law of the Socialist Federative Republic of Yugoslavia. The regulation of family relations in Yugoslavia was the responsibility of individual republics. After the disintegration of Yugoslavia, the republics formed new states or units of new states, which accepted their existing republican family legislation as their own new legislation. Slovene family law is thus still regulated by the Marriage and Family Relations Act of 1977. The Marriage and Family Relations Act has been amended several times since 1977, but major changes only occurred in 2004. An amending act to the law changed the legal arrangements for the care and upbringing of children whose parents live apart; the child’s contact with the non-resident parent and other family members, and the entire legal arrangement of maintenance, including both maintenance between spouses and maintenance between parents and children or between the children and other persons. A complete reform of family law in Slovenia has already been in progress for more than a decade.

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