Marital Joint Property: A Legal and Practical Analysis

The joint property of spouses represents a fundamental institution in family and property law, significantly influencing economic relationships within marriage. This paper aims to analyze the legal and practical aspects of this concept, based on the Family Law of the Republic of Kosovo, while drawing comparisons with selected international models. The study highlights the challenges in defining, managing, and dividing joint property, as well as the role of courts in fairly applying legal norms. Special attention is given to non-material contributions, such as domestic work and childcare, in assessing property rights. In conclusion, recommendations are presented to improve the legal framework and judicial practice, aimed at ensuring gender equality and protecting the interests of both spouses.

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Publication Details

Journal
Journal of Posthumanism
Published
2025-04-09
DOI
https://doi.org/10.63332/joph.v5i3.732
Primary Topic
Conflict of Laws and Jurisdiction
Type
article
Field-Weighted Citation Impact
0.00
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article

Marital Joint Property: A Legal and Practical Analysis

Skender Gojani, Ardian Mehmetaj
Journal of Posthumanism
Conflict of Laws and Jurisdiction
article

Marital Joint Property: A Legal and Practical Analysis

Skender Gojani, Ardian Mehmetaj
article en

Abstract

The joint property of spouses represents a fundamental institution in family and property law, significantly influencing economic relationships within marriage. This paper aims to analyze the legal and practical aspects of this concept, based on the Family Law of the Republic of Kosovo, while drawing comparisons with selected international models. The study highlights the challenges in defining, managing, and dividing joint property, as well as the role of courts in fairly applying legal norms. Special attention is given to non-material contributions, such as domestic work and childcare, in assessing property rights. In conclusion, recommendations are presented to improve the legal framework and judicial practice, aimed at ensuring gender equality and protecting the interests of both spouses.

Journal of PosthumanismVol. 5(3)
AAB College (XK), Samjin Pharm (South Korea) (KR)
Openalex Percentile: Top 92%
Conflict of Laws and Jurisdiction
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