engleski

The Powers of the Appellate Court in the Context of the Effective Protection of a Child's Right to Maintenance

This paper analyses the basic characteristics of the second instance procedure in child maintenance cases in Croatia, and especially the cassation and reformatory (revision) powers of the second instance court, also taking into consideration certain interventions in the said procedure by the Croatian Act on Amendments to the Family Act of 2007 (AAFA 07) and the Croatian Act on Amendments to the Civil Procedure Act of 2008 (AACPA 08) and 2011 (AACPA 11). Additionally, the paper analyses data collected relating to cases where the second instance court exercised its cassation and reformatory (revision) powers in an appellate procedure regarding a first instance decision on child maintenance, the length of the second instance procedure as well as the frequency of issuing temporary injunctions relating to child maintenance. Finally, the author gives an evaluation of the Croatian regulation of the second instance procedure in maintenance cases in the context of the data collected relating to the frequency of cases when the second instance court exercised its cassation and reformatory (revision) powers, the length of the second instance procedure as well as the interventions in the second instance procedure delivered by the amendments of 2007, 2008 and 2011.

appellate court, second instance procedure, child maintenance cases

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