Family Law in the Civil Code of the Republic of Macedonia

Abstract

In this text the authors provide an overview of the major reforms in the Macedonian family Law that should be implemented in the Civil Code of the Republic of Macedonia. The paper presents the arguments in favor of the regulation of family relations in the Civil Code. In addition, the authors present several proposals for the amendment of family law, which would achieve greater protection of the rights and interests of family members, especially children. In this sense, the authors consider that the changes in the regulation of cohabitation are necessary, and that marital agreement should be regulated in the Civil Code of the Republic of Macedonia. Also, the authors propose the adoption of the principle of shared parenting after divorce, which is in the best interests of children, as well as the implementation of the principle that the children should have the possibility to express their opinion in all proceedings where the competent authorities are deciding about their rights and interests. In the end, the authors believe that the Civil Code of the Republic of Macedonia should provide a special protection of the family home, which will ensure that children will have the opportunity to continue to live in the home after their parents’ divorce.