Кодификација на Семејното право во Република Македонија
Codification of the Family Law in the Republic of Macedonia

Author(s): Dejan Mickovik, Angel Ristov
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Family Law; Family Law Reform; Civil Code of the Republic of Macedonia;
Summary/Abstract: The Republic of Macedonia is in the phase of drafting the Civil Code of the Republic of Macedonia. The Commission for developing the Civil Code has prepared the pre-draft relating to the Obligations and the Inheritance Law. In this paper, the authors are elaborating the suggestions for the reform of family law, which should be an integral part of the codification of Civil Law in Macedonia. The authors believe that Civil Code, in part related to family law, should include the marriage contract, which is now governed by the law of the family. The marriage contract allows spouses to regulate their own mutual property rights, which corresponds to the con-temporary nature of marriage and allows the realization of the free will of the spouses. The authors also believe that the Civil Code should regulate the marital bans in the extramartial community, which is not the case in the existing family legislation in Macedonia. One of the most pressing issues that arise in the course of reforms in the family law systems in modern societies is the need to provide special legal protection for the marital home. Keeping in mind the needs of the children in practice, as well as solutions from comparative law, the authors believe that the Civil Code should provide special legal regime for the joint matrimonial home. The authors also invoke the principle that after a divorce the parents should jointly exercise parental rights corresponding to the rights and interests of their children. In addition, changes should be carried out relating to children's rights which would provide harmonization of the Macedonian family legislation with the UN Convention on the Rights of the Child. The codification of family law should also provide the mediation in family disputes, especially when it comes to divorce. The authors believe that in the case of a divorce mediator should predict the jurisdiction of the Center for Social Work in the conciliation proceedings, which is currently being conducted by the primary court judges. In addition, in the case of divorce by consent, and when the spouses do not have mutual children, the authors find that after mediation, marriage should be divorced by the notary, and not by the court.

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