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The family is the source of the gift of love to each individual. The family is the considered as the main source of life to every person, society and state. The family relations are regulated based on the principles of free will of the man and the woman, of equality of spouses in the family, by mutual agreement in solving internal family, the priority of family education of children, by ensuring a better future to the children. The evolution of the family concept from the old Roman Law to the now days concept of the foreign legislations is main topic of the first part of the paper. The aim of this paper is the treatment of the effects of the end of marriage by natural death compared to the effects caused by the declaration of death. The paper brings a comparison of the effects on the end of marriage by the declaration of death of one of the spouses. This paper aims to give an answer to the following questions; Will marriage still exist in case one of the spouses will be declared dead? which will be the effects on the marriage and on the other spouse if one of the spouses is declared dead? What happens if the declared reappears?

The paper is about the case of the right of ownership, the social function that the constitutions of some western countries recognize to this rights and the balance of this right with other public interests. The right of ownership has a great importance even in the European judicial order. The right of ownership has undergone many changes with the creation of a single European market, so that nowadays we could not talk about only one ownership category. Special attention will be dedicated to the article 17 of the EU Charter of Fundamental Rights according to which everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired possessions. The limitation of this right will be legislated toward the public interest and toward a fair compensation being paid in a good time. In its decisions, the European Court of Justice has stated that the property as a fundamental right is described not as an absolute right, for the European judge the social function has to do with the general interest that is the basis of each treaty, that is the free and full competition. The private property for the jurisprudence of the community is a fundamental right, but it could be limited due to the general economic interest that aim to be realised.

Death is an inevitable phenomenon, which implies the termination of the life of persons. All over the world, in a day, a large number of children are born, but unfortunately also a large number of people die because of illness, age, homicide, suicide or poverty. Death is not only a biological process, as at the same time it affects directly the legal capacity of a person. Therefore the natural death of the person is seen as a cause that brings legal consequences at its verification. Being considered as a natural phenomenon as well as legal, death is considered as a legal fact with which legislations bind the beginnings, changes or terminations of legal. Legal capacity of a person, as a condition to undertake rights and obligations, is the determining element to gain the quality of a natural person. This quality is gained with the birth and terminated with the death. There are special cases, under which it is difficult to verify the natural death of a person for reasons such as: absence of the cadaver or the uncertainty of the circumstances in which the person has been lost or absented. In order to guarantee the legal security and also the conservation of personal and property rights of the person, legislations have provided the declaration of the person dead, which may come as a result of natural disasters, accidents, military actions or as a consequence of declaring before the person missing. This paper aims to make a comparative analysis between the procedure of declaration of a natural death of the person and the procedure of declaring a person dead according to the Albanian legislation. For this reason it will be analyzed the persons who are entitled to make the request for the declaration of the person dead, the legal force of the decision of the court through which the person is declared dead and the necessary time limits for declaring a person dead. DOI:10.5901/mjss.2014.v5n22p320

As our society develops rapidly, there are issues affecting probably every day families all over the world, as kidnapping and trafficking, hostage-taking or slavery. But sometimes the absence of a person for a long time might be a choice because the way of living has become far too individual and independent, despite many ways to maintain contact and communication with familiars and friends.These situations need to be regulated, and it is legislation's role to provide temporarily solutions, as the situations thought and hoped to be temporarily. Declaring the missing of a person is a legal provision under well defined terms and conditions.This paper aims to explain the important role of this institute, seen as a guarantee to the protection and conservation of property rights of a person declared missing. The paper will underline the highlights of this institute, analyzing the provisions of the Albanian civil legislation, comparing them with the provisions of foreign legislations and taking in consideration judicial solutions. It will be noted especially the publicity that accompanying the procedure of declaring a person missing and the different regulations of personal and property rights of the missing people till his declaration or the possibility of his return. DOI:10.5901/ajis.2013.v2n9p290

BACKGROUND: Numbers of psychiatric beds (general, forensic, and residential) and prison populations have been considered to be indicators of institutionalisation of people with mental illnesses. The present study aimed to assess changes of those indicators across Central Eastern Europe and Central Asia (CEECA) over the last three decades to capture how care has developed during that historical period. METHODS: We retrospectively obtained data on numbers of psychiatric beds and prison populations from 30 countries in CEECA between 1990 and 2019. We calculated the median of the percent changes between the first and last available data points for all CEECA and for groups of countries based on former political alliances and income levels. FINDINGS: Primary national data were retrieved from 25 out of 30 countries. Data from international registries were used for the remaining five countries. For all of CEECA, the median decrease of the general psychiatric bed rates was 33•8% between 1990 and 2019. Median increases were observed for forensic psychiatric beds (24•7%), residential facility beds (12•0%), and for prison populations (36•0%). Greater reductions of rates of psychiatric beds were observed in countries with lower per capita income as well as in countries that were formerly part of the Soviet Union. Seventeen out of 30 countries showed inverse trends for general psychiatric beds and prison populations over time, indicating a possible shift of institutionalisation towards correctional settings. INTERPRETATION: Most countries had decreased rates of general psychiatric beds, while there was an increase of forensic capacities. There was an increase in incarceration rates in a majority of countries. The large variation of changes underlines the need for policies that are informed by data and by comparisons across countries. FUNDING: Agencia Nacional de Investigación y Desarrollo in Chile, grant scheme FONDECYT Regular, grant number 1190613.