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

AuthorEnkelejda Mecka (Myftari)
PositionKolegji Universitar i Biznesit
Vol. 4 No. 2
June, 2020
European Journal of Economics, Law and Social Sciences
IIPCCL Publishing, Graz-Austria
ISSN 2519-1284
Acces online at
Marriage and the causes of its invalidity in the Albanian judicial practice
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
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
At the end, the paper summarizes the conclusions on the cases of invalidity of marriage found
in court practice.
The invalidity of marriage as an institution of family law from a legal point of view
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
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
domestic and foreign courts. For this paper we have referred mainly to the case law of
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
protection and a constitutional status. It represents a legal union between persons of

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