The influence of cultural traditions on the implementation of family rights in Kosovo and Metohija

Mijatovic, Marina and Sarafova, Natasha (2025) The influence of cultural traditions on the implementation of family rights in Kosovo and Metohija. Баштина, Приштина – Лепосавић, 35 (65). pp. 385-400. ISSN 2683-5797

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Abstract

This paper explores the influence of cultural traditions on the implementation of family rights
in Kosovo and Metohija, with a special focus on the relationship between customary law and contem
porary legislation. In the context of a multiethnic and post-conflict society, cultural norms play a sig
nificant role in shaping family relations, often influencing their legal regulation. This research points
to the frequent conflict between cultural traditions and applicable legislation, particularly in the areas
of marriage, divorce, guardianship and inheritance. The research is based on an analysis of customary
law, which seeks to determine how cultural traditions shape legal reality and what challenges arise in
harmonizing traditional values with contemporary legislation.
The aim of this paper is to examine how cultural traditions influence the realization of family
rights in this region, with a focus on the challenges that arise in the application of the law in a multicul
tural and post-conflict context. The analysis is based on a multidisciplinary approach that includes em
pirical analysis, comparative law method, and theoretical insights from the fields of sociology and law.
The results indicate the significant role of cultural traditions in shaping family relations, but also
the need to improve legal awareness and harmonise customs and laws. The conclusion highlights
recommendations for strengthening the legal protection of family rights through education, reforms
and expanding dialogue between traditional communities and legal institutions.
Keywords: cultural traditions, family law, Kosovo and Metohija, customary law, women’s rights,
inheritance

Item Type: Article
Subjects: Social Sciences > Other social sciences
Divisions: Faculty of Philology
Depositing User: Natasa Sarafova
Date Deposited: 02 Dec 2025 08:11
Last Modified: 02 Dec 2025 08:11
URI: https://eprints.ugd.edu.mk/id/eprint/36963

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