Suchergebnisse

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.

Being a devisor

Legal inheritance is one of the most important institutions of inheritance law which regulates the process of legal transition of property of the decedent to one or several heirs. The establish-ment of the legal framework has brought about new reforms to the Inheritance Law. This has enabled the enrichment and functio-ning of the law. A particularly important step was taken towards regulation of legal procedures regarding to how courts, other or-gans and other persons should act regarding inheritance issues. Concretization of the legal authorizations of bodies authorized to enforce the procedure of processing hereditary property has estab-lished the legal basis for realization of the iso jure principle, accor-ding to which, at the moment of death of the person, the heirs gain the right of inheritance and the hereditary property is never left without a titleholder. This is a great advantage that we have noted in undertaking this analysis of the norms in this work, because leaving hereditary property for a longer period of time without a titleholder would render the property vulnerable to des-truction, theft and extermination.The goal of this paper is to avoid focusing only on finding the positive sides of the normative regulation of the legal inheritance process, but also in finding practical deficiencies that are weighing down at the moment on this important process in Kosovo, and in proposing measures for overcoming them.The dark side of the legal inheritance process is linked to the inefficiency of courts and the still fragile legal system in Kosovo. By implementing empirical methods, we have come to the con-clusion that the low number of judges in proportion with the huge number of cases has become a key liability for practical implemen-tation of the principle of initiating the legal procedure ex officio. The failure in enforcing this principle and initiating the procedu-res for processing of hereditary property by courts, even though they are obli-gated by law (article 96 of the Non-contentious Procedure Law), has caused a chaotic state in legal proceeding of hereditary property, because many physical persons have died or have been declared dead, while legal procedures for pro-perty proceeding have not been initiated, or even if they have, cases remain pending for years in courts. To overcome this situation, it is imperative to increase the number of judges in a short period of time.

For a long time, in Albanian customary law, parental responsibilities were an exclusive competency of fathers. In positive law, especially with the reform of the legal system in the Republic of Kosovo, now both parents are fully equal in exercising parental responsibilities. Children are the future of any society, and therefore, their upraising, education and proper welfare of children is an objective and responsibility not only for the parents, but also of societal and state institutions. Although parent-child relations incorporate moral, biological and legal elements, the absolute power of parents must be shared between parents and proper social and educational policies, in the heart of which are always the best interests of the child.Kosovo has already adopted a complete legal framework, approximated to the standards of the European Union and international instruments which clearly provide on the rights of the child and responsibilities of parents and institutions in enjoying such rights. Within the range of this new legal framework, we make an effort of addressing parental responsibilities, which are exercised in terms of personality of children, and derive as a result of personal non-material relations. Our work is focused on a study of parental responsibilities in terms of giving a personal name, healthy development, education and upraising. We have also analysed several court rulings related to the rights of the child and responsibilities of parents in enjoying such rights, which we believe are to enrich and render the paper more interesting.