1. COMPARATIVE ANALYSIS OF SPOUSAL PROPERTY RIGHTS: A STUDY OF LEGAL FRAMEWORKS IN NORTH MACEDONIA AND EUROPEAN JURISDICTIONS.
- Author
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SALIU, Xhemile
- Subjects
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PROPERTY rights , *LEGAL rights , *MARRIAGE , *INTERNATIONAL economic integration , *DOMESTIC relations , *MARRIED people , *MARRIAGE age , *WOMEN'S rights - Abstract
With the marriage, the married couple creates among themselves rights and obligations which they must fulfill towards each other. From the moment of marriage the partners in addition to creating a family union, necessarily also form an economic union. We say this from the fact that every gift of high value, every material investment and every purchase of movable and immovable items will be considered joint if all these are earned and made during the time when the partners are in the marital union. The issue of property relations of spouses has long been present in family law theory and in legislative practice in which, considering the way in which property relations are regulated in the marital union, two models have been differentiated: the regime of the community of property of the spouses and the regime of separate, that is separate property of the spouses. The first model, represented in its pure form, is a product of the patriarchal system, because it assumes the primary role of the man in the management of the common property. In the second model, in which the property between the husband and the wife is separated, the spouses are each the owner of their own property, regardless of the fact that they brought that property to the marriage or acquired it during the duration of the marriage union, through work, with a gift, inheritance, etc. Taking into account the above-mentioned models as well as the specifics of each of them, in this paper we will bring the aspects of property rights between spouses in the legal system of the Republic of North Macedonia, from a theoretical but also a practical point of view and in European jurisdiction [ABSTRACT FROM AUTHOR]
- Published
- 2024