THE PROPERTY OF SPOUSES ACCORDING TO ALBANIAN CUSTOMARY LAW DURING THE RULE OF OTTOMAN EMPIRE.

Albanian customary law represents an unwritten set of rules, which were established ad hoc by courts of elders or assemblies and aimed to regulate social relations in various fields of life. The implementation of these norms, was provided by the force of tradition, social consciousness and the patriarchal authority of the people’s self-government bodies. It is created by people over the centuries, not from a particular person, or a special legislative body. It was a reflecion of the material conditions of life in human consciousness and therefore has a double character. The purpose of the research paper is to analyze that on one hand it preserves the characteristic rates of the old tribal order (common ownership), while on the other hand it regulates the category of private ownership with all its features (eg. property rights do not expire). The methodology I used for the research paper is the analytical method. The result of the research paper is that rates of Albanian customary law are summarized in canons, such as: the Canon of Leke Dukagjini (The Canon of the highlands), the Canon of Laberia, the Canon of Skanderbeg (Canon of Arberia), the Canon of Luma. These canons acted in different times and space: so the Canon of Laberia acted during 11th century in southwestern Albania, the Canon of Leke Dukagjini and the Canon of Skanderbeg acted during 15th century in the northern highlands, as well as central Albania, nonetheless they have many similarities. Women, according to these ancient rules, are considered to be of a lower social status: they do not share either the rights and privileges or the responsibilities of men. In conclusion, as severe and discriminating to women as it may seem, customary law has to be seen in a historical context. The preservation of customary law was one of the most important elements in helping the Albanian people to maintain their individuality over the centuries and under different invasions. Although customary law is inversely proportional to the rise and development of the modern state, it shows distinguished lawmaking capacities and laid the foundations of today’s positive law. [ABSTRACT FROM AUTHOR]