History and Development of Marital Property Regime in Albania (Published)
This article aims to shed light to the history and development of property regimes in Albania by analyzing marital property regime since the approval of the Civil Code in 1929, the Code of 1966 and 1982, while comparing the current Code of family, without putting on the side some comparing observations of the marital with loyalty, that of the power between a man and woman, this because of the conservatism of the society at the time. While between 1948-1966 accorning the development of the property regime of marital, it is noticed that the development of the relationships in the field of property, where the main characteristic is following the constitutional principle of gender equality. The main form of co-ownership predicted in the Codes of the time is that of total co-ownership. In 1981, in the dispositions of Civic code of the family, codes that entered in force in 1982, pushed by the new “moral-humanist” requests to ensure a real solidarity between the consorts, it was imposed to them the unique marital property regime, that of co-ownership.
Keywords: Albania, Development, Regime, history, marital property
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