Spouses’ Party Autonomy in the Regulations of Marital Relations, According to the Albanian Legislation

Abstract

In this paper will be analyzed the recognition and guaranteeing of the principle of spouses party autonomy in the field of regulation of property and personal non-property relations between them. Based on the regulation of marriage in the Albanina Family Code provisions, it is undeniable that the principle of party autonomy is well known in the context of marital relationships, especially marital property regime, relations which in the past have traditionally been excluded from the scope of party autonomy. However, because of the family social importance and in order to balance spouses’ private interests with the public interest, the spouses’ party autonomy, in the regulation of the matrimonial property regime is limited in comparison with that of other contractual relationships, through non-derogable legal norms. Through the method of analysis of family law legislation and comparison with the previous legislation, the aim of this paper is exactly the study of the interaction between the non-derogable legal framework and spouses’ autonomy in the self-regulation of their property interests.

DOI: 10.5901/mjss.2014.v5n27p137