MACEDONIAN CIVIL CODE AND THE REFORMS IN THE MARITAL PROPERTY REGIME OF THE SPOUSES

Abstract

Macedonian Family Law hasn’t suffered significant changes for decades. This especially concerns the issue on the marital property regime of the spouses. Given the fact that in Republic of Macedonia is ongoing the process of codification of the civil law, introduction of the marital agreement and its thorough regulation will be one of the crucial reforms. Besides the fact that marital agreement is one of the most controversial agreements in moral, ethical, legal and religious sense, it is predicted in great number of legislations. It enables the spouses to arrange their marital property relations upon their will, wishes and conditions. In the Macedonian Family Law marital agreement is still not regulated, but in the practice it is concluded upon the principle of autonomy of the will in the contractual relations. This is the reason why are posed, very often, questions and dilemmas about its allowance, parties, form, content and etc. To overcome these dilemmas and to solve the problems in the future it is necessary through regulation of the marital agreement in the civil code. In the family law reform it is also necessary to be regulated the present legal gaps concerning separate and joint property of the spouses that create problems and inevitable lawsuits in the practice.