Acta Universitatis Danubius. Juridica, Vol 15, No 2 (2019)

Divorce as a way of marriage dissolution according to the positive right in Kosovo with a comparative overview on Albanian, French and German legislation

Mimoza Abdulla Aliu

Abstract


The principle of free initiative in civil relations in general, and in those statutory in particular, enables citizens freedom of choice in establishing statutory relations, which in this case is marriage. Having reached adulthood, all physical persons have the ability to find a person whom they want to marry, without any imposition. Marriage is an ongoing communion between a man and woman, where both have rights and where both have their obligations. Matters of marital harmpny belong to the spouses, as some of the provisions belong to the dispositive nature, so the spouses decide how to fulfill the purpose of marriage. Other family matters are of imperative nature, for which spouses can not decide otherwise, except as required by imperative provisions.

The subject of research is the dissolution of marriage through divorce, from a comparative point of view. The questions we are asking in this research paper are: the causes of divorce in Kosovo, the way of divorce in Kosovo, and based on comparative research, what will be the recommendations for supplementing the legislation in the sphere of marriage and the family?


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