Marriage contracts in the Kosovo’s new Civil Code, the beginning of a new approach or new drawbacks
Session
Law
Description
Marriage contracts represent a novelty in the family legal framework in Kosovo, foreseen in the draft Civil Code. A marriage contract is an agreement signed before or after wedlock and provides a set of rules to define property rights on the property acquired during the marriage. Considering the fact that this instrument is based on the principle of free will of spouses and perpetuates women’s financial oppression on division of property, it representsa new approach of the draft Civil Code on its Book 4. On the other way it remains a sensitive issue caused from the historical and cultural circumstances in the country. This paper will examinethe future provisions from the perspective of a new mechanism that addresses the equal participation of spouses on the property, despite their own individual ability to contribute to the wellbeing of the family, and also to the autonomy of their will. Also this perspective will be faced with the contra arguments, social conditions and the expected effects.
Keywords:
Marriage contract, Kosovo Civil Code, approaches, legal effects, drawbacks.
Session Chair
Nehat Idrizi
Session Co-Chair
Xhavit Shala
Proceedings Editor
Edmond Hajrizi
ISBN
978-9951-437-96-7
Location
Lipjan, Kosovo
Start Date
31-10-2020 10:50 AM
End Date
31-10-2020 12:10 PM
DOI
10.33107/ubt-ic.2020.262
Recommended Citation
Xhafaj, Jorida, "Marriage contracts in the Kosovo’s new Civil Code, the beginning of a new approach or new drawbacks" (2020). UBT International Conference. 175.
https://knowledgecenter.ubt-uni.net/conference/2020/all_events/175
Marriage contracts in the Kosovo’s new Civil Code, the beginning of a new approach or new drawbacks
Lipjan, Kosovo
Marriage contracts represent a novelty in the family legal framework in Kosovo, foreseen in the draft Civil Code. A marriage contract is an agreement signed before or after wedlock and provides a set of rules to define property rights on the property acquired during the marriage. Considering the fact that this instrument is based on the principle of free will of spouses and perpetuates women’s financial oppression on division of property, it representsa new approach of the draft Civil Code on its Book 4. On the other way it remains a sensitive issue caused from the historical and cultural circumstances in the country. This paper will examinethe future provisions from the perspective of a new mechanism that addresses the equal participation of spouses on the property, despite their own individual ability to contribute to the wellbeing of the family, and also to the autonomy of their will. Also this perspective will be faced with the contra arguments, social conditions and the expected effects.