- Code
- LAW 213
- Name
- E Drejtë Familjare I
- Semester
- Lecture hours
- 2.00
- Seminar hours
- 1.00
- Laborator hours
- 0.00
- Credits
- 2.50
- ECTS
- 4.00
- Description
-
Family Law deals analytically and systematically with the institution of the family and the family-legal relations that derive from it, in order to achieve a cognitive and scientific treatment of those issues that constitute the foundation of this branch of private law. The purpose of this course is to provide the student with a thorough knowledge of the basics and principles of family law. The course will focus on contemporary topics related to changes in the concept of family in Albania and in world, where different cases will be discussed, in order for the theoretical meaning to be mastered as well as possible by the student on the one hand, as well as to provide knowledge on case law
- Objectives
-
The aim and objective of this course is to train students in the correct understanding of family legal relations and the interpretation of norms and legislation in the field of family law. The course also aims at educating for a fair legal and social understanding of marital and family relations, without being influenced by inappropriate traditions and customs. This course aims to provide a comprehensive treatment of the principles of family law; the conclusion of the marriage, the declaration of its invalidity and its dissolution; consequences of divorce, etc. Through the study and discussion of cases, students will be prepared to argue court decisions correctly, as well as to base them on evidence administered during the trial.
- Java
- Tema
- 1
- Family and family law This lecture gives the meaning of family and family family by mentioning the differences that arose due to marriage, adoption, guardianship and marriage. analyzes the relationship between family and society as well as family functions. (Pp. 15-47)
- 2
- Resources and Principles of D.F. This lecture defines all the sources of family law starting from the constitution to the acts set out below in the hierarchy of sources. Also the principles that guide family law such as the principle of the highest interest of children, the principle of equality of children born out of wedlock and out of wedlock, etc. (Pp.48-80)
- 3
- Marriage, its legal meaning according to current legislation This lecture examines marriage and the right to marry according to Albanian and international legislation. It also clarifies the main principles of marriage and the conditions of marriage, which includes the ability to marry, age, mutual consent, as well as some prohibitions such as existing marriage, blood relationship, marriage relationship, etc. (Pp. 81-126)
- 4
- Form of marriage bond This lecture aims to analyze the form defined by the Albanian legislator to make the marriage contract including preliminary formalities such as the announcement of marriage. In addition, the elements that the formal request for announcement must contain and what is the procedure that follows this announcement are defined. (Pp. 126-138)
- 5
- Opposition to marriage; The right to suspend the marriage The period from the announcement of the marriage application to its conclusion serves as an opportunity for reflection for the future spouses but also for others who are interested in this legal fact. This lecture defines what are the legitimate subjects for opposing the marriage and what are the reasons for the suspension of marriage. (Pp. 139-147)
- 6
- Understanding the invalidity of marriage; Causes of absolute and relative invalidity Failure to meet the conditions for marriage or subsequent identification of marital impediments leads to the invalidity of the marriage. This lecture gives the meaning of invalidity by identifying the causes for absolute and relative invalidity. (Pp.152-178)
- 7
- Invalidity of marriage continued This lecture will address who are the subjects that can file lawsuits for invalidity, when the right to file lawsuits is statute-barred and what are the consequences of the invalidity of the marriage. (Pp. 178-214)
- 8
- midterm exam
- 9
- Mutual rights and obligations of spouses This lecture aims to analyze the provisions related to the mutual rights and obligations of spouses provided by Articles 50-65.
- 10
- Understanding and general principles of marital property regime The lecture gives the meaning and the main principles of the marital property regime. Defines the rules for setting and changing the property regime. The property regime in the community, ie the legal community, will be treated in detail. (Pp. 215-253)
- 11
- Continuing property regimes This topic deals with the continuation of the property regime by defining the arrangements and instructions for the contract community regime and the separate property regime. Thus, it explains the rights and obligations that each of the spouses has in these regimes. (Pp. 253-263)
- 12
- Coexistence of the fact and marriage of Albanian citizens abroad and foreigners in Albania This lecture reflects a brief history of legal attitudes towards cohabitation, cohabitation as a new institute in Albanian family law and changes in marriage and cohabitation. Also, the marriage of Albanian citizens abroad and foreign citizens in Albania is treated. (Pp. 264-295)
- 13
- Termination of Marriage This lecture gives the meaning of ending marriage. Thus, the termination of a marriage can come voluntarily or without the will of the spouses. Regarding the second case, the termination of the marriage due to the death and the announcement of the death of one of the spouses will be treated. (Pp. 296-301)
- 14
- Cases of divorce Divorce by divorce refers to legal facts arising from the will of the spouses. Thus, the dissolution of the marriage is done with the mutual consent of the spouses, for the termination of the cohabitation and at the request of one of the spouses. (Pp. 301-324)
- 15
- Consequences of divorce This topic deals with the consequences of divorce, such as the acquisition of divorce status, the right to use the surname or not, the termination of the marital property regime, the obligation of compensatory contribution and the consequences of the dissolution of marriage for children. (Pp. 325-338)
- 16
- Final Exam
- 1
- Upon successful completion of this course, students will be able to understand the legal relationship of marriage and cohabitation and the differences between them.
- 2
- Upon successful completion of this course, students will be informed on the concept of invalidity of marriage, the statute of limitations for the right to claim invalidity and the consequences of invalidity of marriage.
- 3
- Upon successful completion of this course, students will be informed about the meaning and general principles of the marital property regime, as well as the rights and obligations in the marital property regime.
- 4
- Upon successful completion of this course, students will be able to understand the concept of termination of marriage, death and declaration of death; the dissolution of the marriage as well as the consequences deriving from it.
- 5
- Upon successful completion of this course, students will be professionally prepared for it to reason, from a logical and legal point of view, court decisions, as well as to base them on evidence properly administered during the trial.
- Quantity Percentage Total percent
- Midterms
- 1 40% 40%
- Quizzes
- 0 0% 0%
- Projects
- 0 0% 0%
- Term projects
- 0 0% 0%
- Laboratories
- 0 0% 0%
- Class participation
- 0 0% 0%
- Total term evaluation percent
- 40%
- Final exam percent
- 60%
- Total percent
- 100%
- Quantity Duration (hours) Total (hours)
- Course duration (including exam weeks)
- 16 3 48
- Off class study hours
- 14 2 28
- Duties
- 0 0 0
- Midterms
- 1 10 10
- Final exam
- 1 15 15
- Other
- 0 0 0
- Total workLoad
- 101
- Total workload / 25 (hours)
- 4.04
- ECTS
- 4.00