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

AuthorMimoza Abdulla Aliu
PositionPhD Candidate, University of Mitrovica, Republic of Kosovo
Mimoza ALIU
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.
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

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