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Neccessary regulation of inheritage according to the law in Kosovo as the state in transition Dr. Sc. Majlinda Belegu College“Universum” Abstract The main Kosovo challenge in the transition period was harmonization of national legislation with the EU legislation.Harmonization of this legislation has touched the Kosovo law of heritage as well. The ineritance of property is one of the most important institutes of the civil law. Inheritance in the inheritage law in Kosovo is done in two ways. Priority in regard to the inheritance of property from de cuius to inheritants is always will (testament)inheritance, however in cases where there is no will left then the inheritance is done by law. All heirs of property should be parts of inheritance and inheritance is based in some conditions normed with the disposals in chapter II of the Inheritance Law. Inheritance has regulated also the steps of inheritance which are four, according to the Inheritance Law. Neccessary part of inheritance cannot be overcome even if that is donated for humanitarian aims. Inheritants can be excluded from inheritance from de cuius only in determined cases by law. If it comes to the exclusion case with no reasons legal inheritants have the right to ask through court - to initiate procedure in order to transfer the property from de cuius to inheritant that was excluded. Key words: law, inheritage, inheritant, neccessary part, devisor
Journal of World Science
The right of inheritance as the main branch of civil law is applicable today as a positive right guaranteed by the constitution, which right any subject of the law can have without differences of gender, ethnicity, or race. The right to inherit dates back to the time of unwritten laws, until today it is defined and protected by state laws. The topic related to the right to legally inherit the parent's inheritance or even the inheritance of someone who is not related by blood to us but made us an heir through the will is debatable and very current. Thus, subjects who are considered heirs must accept or not accept that inheritance after the death of the heir. Precisely for the acceptance or non-acceptance of the inheritance, we come across many cases in practice that end up in a contested procedure, but to clarify the renunciation of the inheritance, this paper has been prepared, which is divided into chapters in which the issue of renunciation is mainly elaborated inheritance, th...
ILIRIA International Review, 2013
Making a testament seems to be one of the available freedoms, and most significant of the law subjects. Testament, as final declaration of the testator’s will, is considered to be one of the most significant freedoms of the same, since by declaring his will, determines the fate of his/her property heritage, earned with lots of efforts throughout life.Freedom of compiling the testament, in the Constitution of the Republic of Kosovo is guaranteed by the Law on Inheritance in Kosovo but also by the international Conventions. However, every subjective right has its limits. Such limitation comes as a result of the care toward subjective rights of other persons, sometimes the best of the society, but the purpose of limiting such freedom in terms of inheritance, comes as result of common marital life, as a result of the care toward children and parents. Quota of the obligatory part is part of heritage that shall not be deprived, since it is guaranteed with imperative norms.This inheritanc...
International journal of social health, 2024
As a complex legitimate wonder, the refusal of legacy has been the subject of noteworthy consideration in legitimate ponders in different nations. This investigation points to investigate perspectives related to the weakness of legacy dissent concurring with the law in Kosovo. The researcher uses expressive explanatory strategies to illuminate the miracle of women's heritage denial in Kosovo. The information used consists of two types: important information and additional information. Information collection strategies include consideration of perceptions, interviews and documentation. Preparation for the information examination begins with the translation of the meeting. Information is coded and categorized to differentiate designs and main findings. This investigation lasted six months, starting with preparation, gathering information, investigating information, and planning the final report. According to the Law on Inheritance of the State of the Republic of Kosovo, it is allowed for the heir to reject the property inherited from his parent or any other person; all this can happen because there are cases when the debts exceed the assets of the deceased. In this case, it may move you to disinherit.
Laura Vorpsi, Arsim Sinani, 2013
European Journal of Economics, Law and Social Sciences, 2019
Today anywhere in the world the most modern legislations are built upon strong foundations that proclaim gender equality and give to women the same legal position as men, thus contributing to break the thousand year gap in terms of fundamental human rights. With regard to inheritance rights in practice there are many factors that hinder women to be subject to it's beneficiaries. Therefore, this paper aims to study the condition in which our society is about guaranteeing in practice the rights of women, respectively relating to the acquisition of the right to eligible for inheritance equally to women and men. Also of interest to this study are the mentality and general attitudes that exist in society and respectively in the city of Prizren and its provinces. It also aims to find out which are the key factors that create multiple barriers to implementation in practice of the law on inheritance law.
This paper provides an overview of the Albanian inheritance law and the nature of the certificate of succession in Albania which is issued only by the public notary where the deceased had his habitual residence at the time of death or, where most of the property is situated. The Certificate shall be issued upon application
International and Comparative Law Review
Summary In 1994, Albania codified the current civil code, harmonizing the national legislation with the democratic values of the Western European Countries. This paper fills the gap in the national and international scientific literature since there is no scientific contribution that examines the Albanian law of succession showing the similarities and differences between the Albanian and the Italian civil codes. This is fundamental because according to Article 33 Albanian Private International Law (Albanian Law no. 10 428 of June 2011), which governs cross-border succession law, in the case of immovable goods, the rule of lex rei sitae has been codified. Thus, in the case of immovable goods, the Albanian succession law will be applied to them. In the conclusion, this research demonstrates that the Albanian Law of Succession of 1994 is different in many ways from the rules established in the Italian Civil Code of 1942.
European Review, 2015
The legal framework regulating property in Kosovo has been defined as ‘A jumble of laws, regulations, administrative instructions, court practices and directives combine to create a complicated and seemingly impenetrable system for determining contests over immovable property ownership in Kosovo. At the highest level, international human rights standards affect property rights…’1As in other areas of legislation, laws addressing property issues derive from different periods in Kosovo’s history, that is to say the Yugoslav time, the so-called discriminatory period of the 1990s, UNMIK’s rule of the first decade of the 2000s and, finally, independent Kosovo. Laws are scattered through several legal texts, regulate different aspects of property rights, and often refer to institutions that no longer exist. This paper focuses on the specific issues affecting property law in Kosovo, a sector where international organizations and bilateral cooperation are massively intervening. While assessi...
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