The Legal Nature of the Marriage Contract (Published)
This paper provides an analysis of the concept of a marriage contract, its characteristics, the difference between the civil code contracts and the terms of validity. Albanian civil code provides the marriage contract, which is a very important step in family relations, especially in the relationship between spouses, given the social position of women, but these changes did not find a suitable ground due to the patriarchal mentality of albanian society, which brought its implementation in rare cases in the field of family relations. Nowadays, spouses have the opportunity not only to contract on the property regime to which they will be subjected, but also beyond. The marriage contract is not limited to the determination of rights and obligations. It has the main purpose of fixing the wealth status of the family to be established, in terms of wealth rather than administration, determining the fate of most of the legal acts that spouses will do with third parties during their common life. Therefore, it can be considered as the “statute” of the family. The marriage contract represents the general rule in terms of regulating the property regime between the spouses. In the case when the latter have not signed a marriage contract, or it is invalid or related only to a part of the property, they will be subject to the property regime of the legal community.
Keywords: Characteristics, Marriage Contract, Regime, elements