The Civil Code and the reforms in Macedonian Family Law

Ristov, Angel and Sutova, Milica (2022) The Civil Code and the reforms in Macedonian Family Law. Zbornik radova deseti međunarodni naučni skup Dani porodičnog prava, 16. ISSN 2303-6052

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Abstract

Macedonian family legislation has not undergone significant
changes and reforms for more than three decades. The Family Law Act from 1992
largely took over and incorporated within itself the legal regulations and decisions
from the time of socialism. On the other hand, dramatic revolutionary changes are
taking place in marital and family relationships. The number of divorced marriages
is increasing, the number of children born out of wedlock is increasing, the number
of married unions is increasing. Outdated legal solutions that do not comply with
the Convention on the Rights of the Child, numerous legal gaps create major
problems in practice. The consequence of this is the judgments against our country
pronounced by the European Court of Human Rights, which establish violations of
the European Convention on Human Rights. In the Republic of North Macedonia,
the drafting of the Civil Law is underway, and family law will be an integral part of
it. The authors provide an analysis of the place of family law in the civil codification.
They indicate that reforms should be carried out in the codification of family law
and provide proposals for amendments and additions to the Macedonian family
legislation regarding the legal regulation of extramarital union as well as the need
for the regulation of the marriage contract. In the paper, the authors advocate for
the adoption of the term parental responsibility in the Civil Law of Macedonia and
indicate the need to foresee a legal possibility to take into account the child’s opinion
when decisions are made about his rights and interests. In the paper, the authors
advocate for the provision of a special legal status and protection of the family home
and for reforms in other important issues in family relations.
Keywords: family law, reforms, Civil Code.

Item Type:	Article
Impact Factor Value:	/
Subjects:	Social Sciences > Law
Divisions:	Faculty of Law
Depositing User:	Milica Sutova
Date Deposited:	04 Nov 2022 09:58
Last Modified:	04 Nov 2022 09:58
URI:	https://eprints.ugd.edu.mk/id/eprint/30423

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