Marriage as a Legal Act or as a Legal Contract According to the Legislation and Doctrine in Kosovo

Yıl 2021, Cilt: 6 Sayı: 2, 170 - 179, 31.10.2021

Kastriote Vlahna , Dafina Vlahna

Öz

Defined marriage as a constitutional category and legal which is created with the formulation of a legal act released from civil state institution, which act sides have expressed their will to create and legally living together among themselves, the thing which puts in dilemma the scientific opinions that marriage could be legal contract and not only a legal act. According to the numerous scientific opinions, it is a thought that marriage in terms of the constitution is freedom and civil-political right of each subject right specifically of each physical person which with his full will can accomplish only a marital bond in the same time and always keeping in mind marital barriers as blood type which let to imply that blood type as a marital barrier cannot be avoided in case it exist, unlike civil contract (defined contracts at the right of obligations) which can be created as law contracts outside the registry office, then can be created civil contracts and amongst physical persons with same blood type and in the same time can be created two or more civil contracts unlike marriage. Therefore, in the inclusive content of the work in words, will be treated legal marriage issues and marriage as contract, so two different scientific attitudes, and finally my scientific attitude on this issue!

Anahtar Kelimeler

Marriage, Marriage as a legal act, Marriage as a civil contract, Marriage as a civil contract Marriage barriers

Kaynakça

• Gashi. Haxhi / Aliu. Abdulla / Vokshi. Hoti. Family Law Commentary. Pristina 2012.
• Dauti.Nerxhivane. Contracts (special part of the law of obligations), Pristina, 2012.