Vol. 4 ,Issue 1 (15)
BULETINI SHKENCOR
“REALD”
2018,Vol. 4 ,Issue 1
MBI VEPRIMTARINE TREGTARE TE KRIJUAR GJATE MARTESES NGA NJERI BASHKESHORT, AVANTAZHET E REGJIMIT TE PASURIVE TE NDARA NE DREJTIM TE ADMINISTRIMIT TE AKTIVITETIT TREGTAR TE KRIJUAR GJATE MARTESES
Author(s)
LORELA SHATRI, HYRI RAMA
Abstract
This paper deals with one of the consequences that marriage brings, such as the change of legal regime that will be applied to the property acquired by each spouse during marriage through the implementation of the so- called “marital property regime”. Article 66 of the Code of Civil Procedure provides that the family estate regime in the absence of a marriage contract shall be governed by the rule of law community. Which means that the general rule is that the rule of the legal community becomes enforceable only in the absence of a contractual regime, so the legislator gives priority to the marriage contract as the most appropriate instrument for regulating the economic aspect of family relations. However, if a marriage contract is not entered into at the date of the marriage bond, then the ex lege regime of the legal union will apply. Under this regime, items that are earned by each spouse during marriage and which do not belong to the category of items that the law considers to be the personal property of each spouse will be considered as common affairs of both spouses. This is because the law presumes that both spouses have contributed to their acquisition. Articles 74 and 75 of the KF provide for the category of items that are part of the legal community, including among them the commercial activity created during the marriage or only the profits of this activity, if it is created before the date of the marriage bond but is directed by both spouses during marriage. Based on the moment of communion, these items enter the community from their fit, thus forming an immediate co-ownership known as the current community. What is most important in this paper is the debate in practice if the business organization is to be subdivided as a joint item after the marriage is resolved or when this is required by the spouses during the marriage. The division itself ends the state of the community by dividing the common affairs between the spouses, which remain after the fulfillment of the spouses’ obligations to each other and to the third.
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