Sociološko razumevanje in pravno urejanje razmerij v družini : doktorska disertacija
Sociological understanding and legal regulation of family relationships : doctoral thesis

slovenian

doktorska dela

2021

Univerza v Ljubljani, Pravna fakulteta
(Obvezni izvod spletne publikacije)

This doctoral thesis examines the sociological understanding and legal regulation of family relations. The concept of family has changed in the course of history and adapted to the changes in the society. At the beginning, the family term primarily included succession, i.e. the group of people united due to the necessity of survival, nutrition and reproduction. As the society developed, production and private property increased, people's interests and the way in which they banded together and led family life changed. The changes took place in family forms and roles. Social changes have also influenced the sociological understanding of the family and its transformation as the primary social group. The law governing relationships between family members is also changing. Since the legal regulations should adapt to changes in the society, it makes sense for the legislature to carefully study the content and language of the regulations when passing laws. With the new Slovenian Family Code, the legislator has made some important and welcome changes. It also changed the definition of the term family. Within the provisions of the Family Code, a child is the one who forms the family, and the family's legal protection is accordingly geared towards the child. The Family Code also introduced some changes in the regulation of relations between spouses and relations between parents and children. This doctoral thesis examines the legal regulation of family relationships based on an analysis of legal sources and case law. The main focus lies with the concise presentation of the main features and legal consequences of the legal regulation of relationships between spouses and relationships between parents and children. Uniformity, consistency, regularity and nomotechnical appropriateness certainly contribute to an orderly and internally harmonized legal system and to people's confidence in it. They also contribute to legal protection - this way readers are able to know and understand the law. Since the law intervenes in private life by regulating family relationships, it is all the more important that the regulations are systematically ordered, clear and comprehensible.

15.05.2023