Event Title

The Right of Woman to Inheritance According to the Albanian Customary Law

Session

Law

Description

Today the inheritance of Albanians is arranged by the positive law. Positive legislation in Kosovo and Albania guarantees the women the right to inheritance in the same way as for the men. However, despite the existence of legal infrastructure in practice when it comes to exercising of the right of woman to inheritance, the customary law still continues to apply indirectly. How the customary law treats the position of woman to inheritance rights, respectively, in this paper we have tried to explain in continuance what rights belongs to her in family inheritance legacy and what is the impact of customarily law today. The paper is divided into two parts: in the first part of the paper are explained the rules of the customary law, which refer to inheritance, in this part are analyzed in particular the rules of the Code of Leke Dukagjini. In the second part of the paper relying on the results of the survey, most citizens of different regions of Kosovo have analyzed the role of customary law today. Relying on the conducted research it has been concluded that customary laws still continue to play the important role in Kosovar society when it comes to the rights of women in inheritance, while affecting the majority of women to fail to accomplish their right of inheritance at all.

Keywords:

customs, woman inheritance, the right

Session Chair

Albulena Ukimeraj

Session Co-Chair

Behar Selimi

Proceedings Editor

Edmond Hajrizi

ISBN

978-9951-437-69-1

Location

Pristina, Kosovo

Start Date

27-10-2018 1:30 PM

End Date

27-10-2018 3:00 PM

DOI

10.33107/ubt-ic.2018.270

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Oct 27th, 1:30 PM Oct 27th, 3:00 PM

The Right of Woman to Inheritance According to the Albanian Customary Law

Pristina, Kosovo

Today the inheritance of Albanians is arranged by the positive law. Positive legislation in Kosovo and Albania guarantees the women the right to inheritance in the same way as for the men. However, despite the existence of legal infrastructure in practice when it comes to exercising of the right of woman to inheritance, the customary law still continues to apply indirectly. How the customary law treats the position of woman to inheritance rights, respectively, in this paper we have tried to explain in continuance what rights belongs to her in family inheritance legacy and what is the impact of customarily law today. The paper is divided into two parts: in the first part of the paper are explained the rules of the customary law, which refer to inheritance, in this part are analyzed in particular the rules of the Code of Leke Dukagjini. In the second part of the paper relying on the results of the survey, most citizens of different regions of Kosovo have analyzed the role of customary law today. Relying on the conducted research it has been concluded that customary laws still continue to play the important role in Kosovar society when it comes to the rights of women in inheritance, while affecting the majority of women to fail to accomplish their right of inheritance at all.