Prenuptial Agreement, Promotion of Gender Equality, Towards Sposes Independence

Blerina Dodaj and Emiljana Kane
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Blerina Dodaj: European University of Tirana, Albania

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Abstract: A prenuptial agreement is innovator legal institution; promoted by the social phenomena of the conflict between spouses to define the ownership of their respective assets should the marriage fail. On the other side, the legislation offers the possibility to protect the assets of each spouse without being conditioned by the institution of marriage, losing even the initial meaning of the last one. The chance for each spouse to protect their corresponding property rights and to ensure the possibility of increased wealth as well as the lowering of it independently looks like a hopeless attempt because the influence of social elements doesn’t precede the development of the legislation. With the mutation of the social phenomena, the legislation should extend to their conformity and enable the regulation of any handicap towards the property relations. Actuality demonstrates the opposite, judicial conflicts with the object of the division of property between spouses increase day by day and the inability to determine to the assets belonging emphatically degrades the situation in serious consequences. My paper brings the evaluation of prenuptial integration, as an alternative institution for the destination of property between spouses, taking into account the legal elements this contract must contain, to realize the autonomy of spouses, to avoid final conflict for the division of assets if the marriage fails, a fact which also promotes gender equality in raising awareness of each spouse for their investment and the origin of the conjugal property. As the discriminated spouse is the wife, the property autonomy, gives her the opportunity to manifest her rights towards the husband.

Keywords: marriage; partners; property; prenuptial; gender equality (search for similar items in EconPapers)
Date: 2015
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