Serijske publikacije (ISSN)

The civil code and the reforms in Macedonian family law

Macedonian family legislation has not undergone significant changes and reforms for more than three decades. The Family Law Act from 1992 largely took over and incorporated within itself the legal regulations and decisions from the time of socialism. On the other hand, dramatic revolutionary changes are taking place in marital and family relationships. The number of divorced marriages is increasing, the number of children born out of wedlock is increasing, the number of married unions is increasing. Outdated legal solutions that do not comply with the Convention on the Rights of the Child, numerous legal gaps create major problems in practice. The consequence of this is the judgments against our country pronounced by the European Court of Human Rights, which establish violations of the European Convention on Human Rights. In the Republic of North Macedonia, the drafting of the Civil Law is underway, and family law will be an integral part of it. The authors provide an analysis of the place of family law in the civil codification. They indicate that reforms should be carried out in the codification of family law and provide proposals for amendments and additions to the Macedonian family legislation regarding the legal regulation of extramarital union as well as the need for the regulation of the marriage contract. In the paper, the authors advocate for the adoption of the term parental responsibility in the Civil Law of Macedonia and indicate the need to foresee a legal possibility to take into account the child’s opinion when decisions are made about his rights and interests. In the paper, the authors advocate for the provision of a special legal status and protection of the family home and for reforms in other important issues in family relations.

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111011_148-163.pdf