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

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Oct 31st, 10:50 AM Oct 31st, 12:10 PM

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.