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- Title
SOME OF THE BASIC PRINCIPLES OF REGULATING FAMILY RELATIONSHIPS.
- Authors
ZEJNELI, Albina
- Abstract
The basic principles are the basic rules on which the regulation of a certain field is based and have their source from the constitution and conventions like other international acts in the field of human rights. Historically there are differences in the family between husband and wife, so the source has been favored in relation to the position of the wife. In domestic law, the equality of husband and wife is guaranteed by the constitution of the country, so according to article 40 of the constitution of the RNM, legal relations in marriage, family and extramarital union are regulated by law. According to Protocol no. 7, article no. 5 of ECHR the prohibition of discrimination includes, is provided for and explicitly ensures equality of men and women in all family relationships. This provision guarantees the equality of spouses in terms of rights and obligations of a civil nature, in the conclusion of marriage, during marriage and in the event of dissolution. Spouses are equal and that with the conclusion of marriage the same can be concluded only with the free will and with the consent of each spouse.
- Subjects
EUROPEAN Court of Human Rights; FAMILY relations; DIVORCE; CIVIL rights; HUSBANDS; MARRIAGE; FREE will &; determinism
- Publication
Vizione, 2022, Issue 39, p159
- ISSN
1409-8962
- Publication type
Article