USLOVI ZA KONSTITUISANjE PRAVA STANOVANjA (HABITATIO) I POSTUPAK PORODIČNOPRAVNE ZAŠTITE

Abstract

The right to residence (habitatio), as a child's right to a home, is regulated in the Family Law of the Republic of Serbia. By its legal nature, the right to residence is a statutory personal servitude, with all the features of personal servitudes. It is constituted under the conditions stipulated by the mentioned law in favor of the child (with the aim of its existential protection) and in the interest of the parent who exercises parental rights, and on the place of residence owned by the other parent. The aim of the paper is to present the conditions for establishing the right to residence and the characteristics of the family legal protection procedure in which the protection of the child's right to a home is discussed and decided upon. Special emphasis is placed on the type of procedure, the legal nature of the claim, active and passive legal standing (substantiv and procedural) and the jurisdiction of the court.