Prenuptial agreements in comparative law: a challenge for the legislation of Kosovo, Albania and North Macedonia

Abstract

The family is the basic institution of personal socialization. From the point of view of statutory regulation, the institution of the family is largely difficult to regulate. The problem lies in the complex combination of such categories as morality and legal guidelines, public and personal interests. The material component of family life is one of the key subjects of statutory regulation, where the main objective is to define the rights and duties of spouses in the field of property relations. The prenuptial agreement constitutes an increasingly important legal instrument in contemporary family law, through which the preliminary regulation of property relations between spouses before marriage is enabled. However, in countries such as Kosovo, Albania and North Macedonia, the prenuptial agreement continues to be a relatively new and often unclear concept in judicial practice and in the legal awareness of citizens. This paper aims to conduct a comparative analysis of the treatment of the prenuptial agreement in the legislation of the three countries mentioned, not excluding the countries of the continental, Anglo-Saxon system, by examining the existing normative framework, the relevant legal provisions in the Family and Civil Codes, as well as the approach of jurisprudence to this institute. Through this comparison, it is intended to identify common points, essential differences and legal shortcomings that exist in different countries, in order to assess the level of harmonization of these legislations with the standards of European and international family law. The paper also addresses the challenges posed by the practical implementation of the prenuptial agreement in the social, cultural and legal context of countries with different governing systems, including the lack of legal education of the parties, traditional prejudices about the role of marriage and property, as well as gaps in the procedural regulation of this institute. In conclusion, the paper provides concrete recommendations for improving the legal framework so that the prenuptial agreement can function as an efficient tool for guaranteeing the property rights of spouses, for protecting the weaker parties and for ensuring greater legal stability in family relations.