Professional paper
https://doi.org/10.25234/pv/10800
MARRIAGE AND PROPERTY REGIME OF SPOUSES UNDER KOSOVO CURRENT LAW AND DRAFT – CIVIL CODE
Haxhi Gashi
orcid.org/0000-0002-2752-5646
; Associate Professor, Faculty of Law, University of Pristina “Hasan Pristina”, Rr. “Agim Ramadani” nn, 10000 Pristina, Republic of Kosovo
Bashkim Preteni
orcid.org/0000-0002-2297-5584
; Lecturer, Faculty of Law, University of Pristina “Hasan Pristina”, Rr. “Agim Ramadani” nn, 10000 Pristina, Republic of Kosovo
Abstract
The impact of marriage in the property rights of spouses has been recognised since Roman law and nowadays remains a principle well established under each european legal system. Under Kosovo law; marriage creates different legal consequences between spouses including for their property rights. The current property regime of spouses under the law on Family establishes rules on individual ownership and joint ownership. However; it does not recognise the contract for the regulation of the property regime of spouses. This has created problems with regard to the separation of the property after the marriage ceases. Contrary to this; under Kosovo Draft Civil Code – Book 4 on Family; the property regime of the spouses has advanced including for the recognition of premarital and marital contracts. This paper discusses questions arising from the relationship between spouses that have an effect on property and are treated from a current law perspective and in line with the civil law codification that is occurring in Kosovo.
Keywords
Kosovo law; Civil Code; marriage; spouses; property regime; contract
Hrčak ID:
250070
URI
Publication date:
31.12.2020.
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