New Civil Code required change of marriage contracts

In his report, the justice minister said the fundamental principles of civil equality for citizens are incorporated on this draft code. But opposition MPs disagreed with this findings and addressed remarks on the issue of early marriages, the legacy of women on property and marriage contracts.

He was asked that this draft command be turned back to the ministry to make needed changes with the inclusion of civil society recommendations. In spite of that, Minister Selimi said before them that this civil draft has affirmative provisions for women and that their right to inheritance is significantly strengthened.

This is the first phase, which has lasted for years and done a big job, and five books have been made. But we're ready for phase two, which is the phase of the Parliament. And I think that even your impacts, potential amendments, which we can make together are welcome. But the basis for strengthening a pillar that is a civil pillar in view of all the international standards we have in the Constitution even further, I think they're inflated in this code. We cannot make perfect laws, but we can do the best we can. Each law should be given a chance of implementation, then issued for amendments. Any extension of various comments about an issue that is regulated by international standards could cause a waste of time and leave us without a civil code”, he said.

But that was not agreed to by the commission member from the Vetevendosje movement ranks, Dimal Basha, who addressed Minister Selimi that he is acting unnecessarily despite visible remarks by MPs and civil society.

My brother's “has been a great hurry to bring this draft code with all the remarks. I think it represents a carelessness, I know that there are bills of observation that you found in the drawer and you brought them here, but since the work was done in other governments, you had it as the obligation to address the problems and concerns of interest groups”, he said.

While PDK deputy Evgeni Thaci-Dragunsa addressed criticism of early marriages in the draft code, the mode of engagement and the return in case of sharing material things.

There are several issues that should be considered especially issues involving advancing the rights of women and children in general... Other measures would have to be made even when touching the most people to settle, a tax on leaving the inheritance so that the brothers too will think twice about asking for a sister or someone else to give up their inheritance. The marriage contract is one of the most controversial issues. It is thought that this marriage contract is most damaging to women. We know that men have money in most cases and that way women before marriage are deprived of legal rights in case of divorce. Setting up an engagement with a civil code in this way gives the code a patriarchal spirit. Returning gifts contributes greatly to a marriage with money. When families give gifts or money or other for the girl and in case of engagement, they must return”, she said.

Minister Selimi said these provisions have set the example of international standards. He stressed that persons between the ages of 16 and 18 can marry, but by meeting preliminary conditions.

“We have received on the basis of Germany's civil code and the region for example Albania, but with this code agreement is envisioned in court. So people between the ages of 16 and 18 can get married, but by fulfilling certain pre-emptive conditions. The right of women with this code-civil is markedly strengthened. The legacy has been denied in many cases to sisters and mothers, and the establishment of a transparent system of recognition of their rights in the heritage is protected and the category of separation of inheritance within the family to both genders”, Selimi said.

On the basis of these remarks, going back to this draft code called for Vetevendosje Movement deputy Artan Abrashi.

There's a lack of sociological study because this code doesn't reflect social relations. There are times when he deals with the arrangement of relationships that are not unique and that are not present in our society. There are even times when you sort them out... This bill is good to withdraw to the government and make necessary changes”, he said.

In his report, Minister Selimi also reasoned on the draft law on construction land, which required a time to review their position to return behind this bill after MPs' remarks.