STUDY ANALYSIS ON THE MARRIAGE AND DIVORCE INSTITUTE IN NORMATIV ASPECTS
Journal Title: JUSTICIA International Journal of Legal Sciences - Year 2019, Vol 7, Issue 11
Abstract
The law that regulates marriage, is a special part of family law. This legal institute regulates and studies the relationships that arise with the marriage bond and also deals with the study of the possible consequences if it comes to the divorce of such a marriage. The legal norms governing the institute of marriage are of an imperative nature, while only a few of the legal norms have a clairvoyant character. So, based on the definitions of the time, it is noticed that even before the existence of modern society, marriage was not seen as a personal and private act, but the opposite, it was considered a public act, which consequently interested the society as well. In an effort to give a definition, marriage represents a legal union between two persons of different genders, who aim for a common lifestyle and the realization of personal and property interests, thus forming a community in the direction of the contribution and development of the family. Therefore, considering the importance of this institute in everyday life, we need to study it as such, starting with the reasons for its birth, how this institute was born and the main principles of marital law. Like any other institute, this institute has its origins, so in this paper will be discussed and analyzed the historical aspect of marital law. In addition, with the very existence of the marriage institute, in cases of unbearable conflicts between the couple, there is a need for regulation of the divorce institute. As such, this institute has its origins and its beginnings, so in this paper we will consider the historical aspects of these two institutes globally.
Authors and Affiliations
Xhemile SALIU
Keywords
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