DIVISION OF MARITAL PROPERTY: FORMS, PROCEDURES, AND LEGAL EFFECTS
DIVISION OF MARITAL PROPERTY: FORMS, PROCEDURES, AND LEGAL EFFECTS

Summary/Abstract: This paper, prepared for the publication at the International Journal of Legal studies, focuses on procedures applied in practice, the legal effect on couples and the outcome of consensual and judicial separation. By analyzing the legal frameworks of the three states of Balkan peninsula the study adopts a comparative approach on how laws governing property division are applied. These legal systems have established a consistent approach that strikes a balance between individual rights and social equality. The harmonization of family and property law, not only strengthens the protection of individual rights but also enhances trust in the legal system, forming the basis for achieving a stable and equitable society, where principles of fairness and clarity apply. The paper contributes to legal literature by identifying similarities and differences among the legal systems and by improving the understanding of how martial property is defined, managed and divided within contemporary civil law jurisdictions. It also highlights the need of further development of legal mechanisms that reflect modern socio-economic realities. The findings show that while all three systems are based on the principle of equality, significant differences exist in the level of contractual freedom and justice discretion.

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