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

• Author: Mimoza Abdulla Aliu
• Position: PhD Candidate, University of Mitrovica, Republic of Kosovo
• Pages: 20-33

ACTA UNIVERSITATIS DANUBIUS Vol. 15, no. 2/2019

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Mimoza ALIU

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Abstract: The principle of free initiative in civil relations in general, and in t hose 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 t o 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 bas ed on comparative research, what will be the recommendations for

supplementing the legislation in the sphere of marriage and the family?

Keywords: Marriage; divorce; consequences of marriage dissolution

1. Marriage Dissolving Causes

Caring for family and marriage is of particular importance, since within it are

created values that have consequences or effects on society. If family and marital

affairs are treated only as something private, it would hurt and disrupt the stability

of family and society in general. Therefore, the initiative of creating marriage and

family is a personal, free right, but the issue of its resolution goes beyond free

initiative, and imposes the fulfillment of imperative norms or conditions.

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PhD Candidate, University of Mitrovica, Republic of Kosovo, Address: Ukshin Kovaqica, Mitrovicë

40000, Tel.: +381 28 535727, Republic of Kosovo, Corresponding author: mimoza.aliu@gmail.com.

AUDJ, Vol. 15, No. 2/2019, pp. 20-33

Divorce as a Way of Marriage Dissolution

According to the Positive Right in Kosovo

with a Comparative Overview on Albanian,

French and German Legislation