Abstract
Over these last 25 years, Albania has gone through social, political and economic changes. All these changes affect the society at large but also, more speciffically the life of the family. These changes exposed the necessity for a new which will the regulate the family relations in the in the context of a the new changes that were accompanying the society. Despite the past 12 years since its entry into force, it has not suffered any changes. In the recent years we have observed a growing number of divorces in the Albanian society. This has come also as a consequence of various factors of which to be mentioned are: the difficult economic conditions; immigration; the emancipation and developments that our society has undergone and specifically the Albanian woman who is no longer accepting to live in a systematic violence of psychological, physical and economic nature; the empowerment of women in our society, etc. The marriage is resolved when the decision rendered by a competent court has become final. The dissolution of marriage does not end the life of a family. The decision of marriage dissolution and its execution is faced in more than a few cases with some conflict situations that live more discretion to the courts, which in many cases affect the child's interest but also the family relations in general. These problemtics will be treated further in this paper. DOI: 10.5901/mjss.2015.v6n5p76
Highlights
In order for a marriage to be resolved, firstly it must have started in the form required by law
The court's decision to dissolve the marriage is variable in relation with the exercise of parental responsibility and the food payment amount. (FC 2003 article 159) The decision for marriage dissolution and the evaluation of the ex-spouses’ obligations in many cases puts the court in dilemmas which not always find the answer in the Family Code
According to the dissolution of marriage by agreement between the parties, the Family Code has dedicated only a few articles leaving room for interpretation by the Court, but what is worth noting is the fact that the parties decide by agreement about their rights and obligations, an agreement which, if not impinge the fundamental rights and freedoms of any of the spouses but mainly the interest of the children, is aprooved by the Court giving to this aprooval the power of a judicial decision since it becomes part of the court’s decision
Summary
In order for a marriage to be resolved, firstly it must have started in the form required by law. (FC 2003 article 159) The decision for marriage dissolution and the evaluation of the ex-spouses’ obligations in many cases puts the court in dilemmas which not always find the answer in the Family Code. The execution of the Court’s decisions is a part of it, and sometimes it can prove very difficult, or even impossible. This difficulty lies in the failure to execute the decision of one party and by the unwillingness of one of the parties to execute it, becoming an obstacle to the other party. The Court's decision for marriage dissolution in cases when the spouses have a child, charges both parties with rights and obligations, being binding on both parties. It is worth mentioning that non-fulfillment of the obligations by one party should not lead to the failure of the obligation fullfillement by the other party
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