The Marital Assets Issues in Albanian Legislation

Abstract

The right to marital assets is a right of future spouses, known from all the international legislations in variuos forms. In Albania, the marital assets is based on family rights forseen in the Code of French and Italian families. The marital assets treats the regulation of the common marital assest of spouses.The decision of having marital assets has evolutionalized from the begining of the family to nowdays. In the private international right this takes part as the family right. These assets are forseen in a prenuptial agreement in the moment the marriage happens, and after the event is not related to children, their treatment or care, but it is related only to the spouses and the way theirs assets are administered. In Albania the prenuptial agreement is seen initially in the Family Code of 2003, but its implementation is still not done as a result among others of albanian mentality. In albanian marriages there is not a prenuptial agreement which treats the premarriage asstes of each spouse before marriage. The changes this institution is developed in Albania from the countries the legislation is based, are still large. Through the analyses of the legislation and its implementation in the cases of divorce, this study gives a clear view of the importance of having a prenuptial ageement before marriage takes place.

DOI: 10.5901/ajis.2016.v5n3s1p309