The Legal Regime of Cohabiting in Inheritance Law in the Republic of Albania
The Legal Regime of Cohabiting in Inheritance Law in the Republic of Albania

Summary/Abstract: Cohabitation, being a social phenomenon, is evolving significantly in recent years, where in social aspects it is claimed that nothing can prevent a man and a woman, beyond marriage, to give life to astable relationship, thus realising a cohabitation that is known differently as more uxorious. The existential choice to give life to cohabitation and to the basic human rights is characterised by the seriousness of goals and sustainability. Social factors point out that there are many reasons that lead to cohabitation, among which canbe mentioned the avoidance of legal restrictions arising from marriage, the will to benefit from material goods or the avoidance of necessary requirements as happens in the crowning of marriage. However, even though it has evolved as a case, cohabitation still faces prejudices, especially in the religious aspect. In essence, menage de fait is an expression of the individual’s freedom to choose, and this is the reason why some foreign experiences tend towards the complete legal integration of de facto cohabitation with that of marriage, especially in terms of property and inheritance, excluding adoption or fertilisation artificial. Based on the historicaland comparative analysis between the current legal framework in relation to that of other countries, this study focuses more on the interpretation of the legal vacuum of cohabitation, including the right of inheritance, the division of property and other consequencesin case division.

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