The marriage contract as a judicial economy in the division of the property between ex-spouses
| Author | Blerina Dodaj |
| Position | 'Aleksander Moisiu' Durres University |
| Pages | 91-99 |
Vo
l. 4 N
o
.
3
N
ovember, 201
8
ISS
N 2410-391
8
A
cces on
l
ine at www.ii
p
cc
l
.or
g
9
1
A
cademic Journal o
f
Business,
A
dministration, Law and Social Sciences
II
PCCL Publishin
g
, Graz-
A
ustria
The marriage contract as a
j
udicial economy in the division of the property
b
etween ex-s
p
ouses
LLM B
l
erina Do
d
a
j
“
A
leksander Moisiu” Durres
U
niversit
y
Ab
str
a
ct
With the marriage dissolution one of its fundamental consequences is the termination of the
community properties, where the spouses pass in the separate property regime a
er the date
o
f th
e
d
e
fi n
i
t
i
v
e
f
o
rm
o
f th
e
d
i
v
o
rc
e
tr
i
b
u
n
a
l s
e
nt
e
nc
e.
M
eanwhile
f
or the property that was placed during the marriage, the spouses who have been
i
n the law community power,
A
lbania’s legislation provides that these subjects are placed in
compulsory joint ownership in their entirety they should address to the Court to divide their
property and take each part of it
.
The object of this study is the division of the property between ex-spouses for any joint
ownership during the marriage.
I
f they choose the judicial way it will take much time to resolve
the confl ict.
O
n the other hand with a marriage contract, every asset will be transferred to the
owner. Prior of the Family Code commencement, dated 8 May 2003, the property established
during the marriage was presumed to be the two spouses in equal parts, with no detention
i
n the contribution o
f
each individual when proved otherwise. Through quantitative and
qualitative methods have been analyzed the advantages of marriage contract in the division
o
f
the property. Through the method o
f
comparison
f
or contractual and non-contractual
m
arriages, at the end of the study, we conclude that when couples have entered into a marriage
contract they shorten the time o
f
the judicial process o
f
property’s division.
O
en doubts have
b
een raised about the possibility o
f
real identi
fi
cation o
f
the contribution and consequently
has been made a fair share of the all assets. Therefore this study takes importance not only for
the positive approach o
f
the marriage contract but also to make a contribution to the due legal
process when every subject of the right is addressed.
K
e
y
words: Legal community, agreement, marriage se lement, division of property, the right
o
f
the ownership.
I
ntr
odu
ct
io
n
B
y
the marriage bond the s
p
ouses in the
p
ur
p
ose o
f
the
f
amil
y
creation and the
contribution o
f
f
amil
y
li
f
e the
y
get involved in social, economic and legal relationshi
p
s
b
oth together or se
p
aratel
y
, sometimes inevitabl
y
wa
y
and without calculating ever
y
de
t
ail
i
n t
hei
r
i
nt
e
r
es
t.
I
n the wide range o
f
the human relationshi
p
s and the actions that each s
p
ouse
p
er
f
orms during the da
y
, case b
y
case, it ma
y
also have conse
q
uences
f
or the other
sp
ouse, remembering
fi
rstl
y
the existence o
f
the
f
amil
y
and then the obligation to
t
hink mainl
y
about the
f
amil
y
and
f
urther
f
or himsel
f
.
Th
e invo
l
vement in joint re
p
orts is easi
ly
managea
bl
e as
l
ong as t
h
e marita
l
re
l
ations
h
i
p
f
unctions well and understanding clears an
y
a
pp
arent con
fl
ict, while the relationshi
p
b
etween t
h
e s
p
ouses
b
rea
k
s
d
own, t
h
e
d
esire to
p
rotect in
d
ivi
d
ua
l
wea
l
t
h
arises an
d
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