Advance Directives in Legislative and Theoretical Frameworks of Family Law

Abstract

After appearing only in medical law for a long time, advance directives and other forms of voluntary measures are increasingly also being recognised as an effective protector of the right to self-determination in family law. The aim of the paper is to consider the Croatian model of advance decision making in family law, observing it in the context of European, international and comparative law. In this sense, the paper first provides an overview of relevant international and European documents, then briefly analyses different solutions to the discussion in question that exist in the national legislations of the selected European countries, namely, Germany, Slovenia, the Czech Republic, Serbia, and finally a detailed analysis of Croatian law. The paper aims to point out certain doubts and ambiguities that exist in Croatian law, give suggestions for improving the legislation, and encourage the continuation of scientific research in this legal field.