Several Key Features of Marriage in Kosovo

Dr.Sc. Hamdi Podvorica

Abstract


In this paper titled “Several key features of marriage in Kosovo”, I have made efforts to address the matrimony, as an important societal and legal concept, in the light of positive law in Kosovo. In short terms, I have addressed the historical development of marriage in general, from the period of promiscuity until today, and I have emphasized key features of marriage in various time periods, only to comprehend better the ways of development of marriage in time and space.

A special emphasis is put on the essential (material) conditions of marital union. The paper provides sufficient reasons for which the positive law in Kosovo has provided on the free expression of will of spouses; opposite sexes; the age threshold; entry into matrimony before a competent state authority, and under a procedure provided by law, as substantial conditions for entering a valid matrimony. Sufficient room is allowed also for the treatment of consequences and responsibilities of various entities if marriage is developed without obeying substantial conditions as provided by law. Due to the nature of the paper, formal conditions for entering matrimony are not addressed.

The right to enter marriage and establish a family under provided legal conditions is guaranteed to every Kosovo citizen, as a substantial right. The marriage is a basic cell of the family, and as such, it is protected by the state and society.

Apart from normative and sociological methods, I have also used the historical method in developing this paper. The purpose was to discover several marriage features, which used to exist, and do not anymore, and also underline some new features, which nowadays form the pillars of the marriage.


Keywords


Features; Marriage; Regulations; Spouses; Authority; Entities; Methods;

References


Aleks Laurasi: Family Relations (Marrëdhëniet familjare), Laurasi, Tirana, 2001

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Friedrich Engels: The origin of the family, private property and the state, Rilindja, Prishtina, 1980,

Federique Eudier: Droit de la familje, Armand Colin, Paris, 1999

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Legal Acts:

Constitution of the Republic of Kosovo, 2008

Cannon of Lekë Dukagjini, Kuvendi, Shkoder, 2001

Austrian Civil Code (1811)

German Civil Code (1896)

Napoleon Civil Code (France, 1804)

Albanian Civil Code (1929)

Kosovo Family Law, no. 2004/32 dated 20 January 2006

Law on Marriage and Family Relations (OG of SAPK, no. 10/84, dated 28 March 1984)


Full Text: PDF

DOI: 10.21113/iir.v4i2.37

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Copyright (c) 2016 Dr.Sc. Hamdi Podvorica

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