Marriage and the causes of its invalidity in the Albanian judicial practice

• Date: 01 June 2020

Vol. 4 No. 2

June, 2020

European Journal of Economics, Law and Social Sciences

IIPCCL Publishing, Graz-Austria

ISSN 2519-1284

Acces online at www.iipccl.org

98

Marriage and the causes of its invalidity in the Albanian judicial practice

MScEnkelejdaMeckaMyari

KolegjiUniversitariBiznesit

Abstract

Marriageisanimportantsocialandlegalactandfuturespousesbindittolivingandstarting

afamilytogetherTheexpressionofthefreewillofthepartiesisanessentialelementforthe

marriage. This paper presents the causes of the invalidity of marriage, looking at it from a

theoretical point of view and according to local judicial practice. The invalidity of marriage as

aninstitutionoffamilylawfromalegalpointofviewhasbeenregulatedinArticlesofthe

FamilyCodeThepurposeofthispaperistoanalyzethecausesoftheinvalidityofmarriage

by looking at it in concrete cases in the Albanian judicial practice. From the research done, the

cases of invalidity of marriage in our country are not numerous. The practical treatment of

thesecasesisintheCourtoftheTiranaJudicialDistrictandveryrareintheDistrictCourts

At the end, the paper summarizes the conclusions on the cases of invalidity of marriage found

in court practice.

KeywordsmarriageinvalidityFamilyCodecausespouses

Introduction

The invalidity of marriage as an institution of family law from a legal point of view

hasbeenregulatedinArticlesoftheFamilyCodeFromreadingtheprovisions

wenoticethattheCodehasnotgivenalegaldenitiontothisinstituteThishasbeen

done by the doctrine of family law, according to which the invalidity of marriage

can be considered as a sanction of private law, which denies the consequences of

marriage, when it is proved that it is concluded contrary to the essential conditions

providedbytheCodeoftheFamilyforitsexistenceandvalidity

Thispaperaimstoreectonthetreatmentoftheinstitutionofmarriageinvalidityin

thepracticeoflocalcourtsThetaskisconceivedintwomainpartsintherstpart

are treated theoretical and procedural aspects of the invalidity of marriage, in the

secondpartarereectedthecausesofinvalidityofmarriagetreatedinthepracticeof

domestic and foreign courts. For this paper we have referred mainly to the case law of

theTiranaJudicialDistrictCourtFromourvericationinthecourtsofrstinstance

in the districts we have noticed that the institute of invalidity of marriage has not

found any practical treatment. For some of the reasons for the invalidity of marriage

forwhichwehavenotbeenabletondlocalpracticewehavereferredtoforeign

courts. The completion of the work is accompanied by the conclusions of the case

1. Marriage institute

Marriagerepresentsaveryimportantinstituteinfamilylawthatenjoysaspeciallegal

protection and a constitutional status. It represents a legal union between persons of