COMMON TRADITIONAL NORMS AGAINST LEGAL NORMS ON THE FAMILY PROPERTY INHERITANCE DISTRIBUTION BETWEEN GENDERS AMONG THE ALBANIANS OF NORTH MACEDONIA

  • Lindita Neziri-Ceka SEE University
  • Abdulla Azizi SEE University
Keywords: gender equality, heritage, customs, laws

Abstract

Despite the historical development and political system, in Northern Macedonia and other Balkan countries, the Albanian community for both sexes has formally had equal access to the inheritance of parental property, however it is rare for a female heir to receive her legal share. The fact is that formal institutions are not strong enough to prevent this form of discrimination. The paper aims to analyze the situation with the transfer of ownership to the heirs (sons and daughters) of the Albanian community of Northern Macedonia, where in the past and to some extent there are gender prejudices in favor of boys in terms of social privileges, especially those in relation to inheritance. The influence of habits has continued unabated and continues today to exclude women from family ownership. The Albanian family has functioned for centuries according to the patriarchal model, which is characterized by a mentality based on the reasoning that boys are the ones who will take care of their parents when they grow old and consequently-the inheritance of family property is meant as a reward for their commitment to parents. Among other things, this is due to the institutional miss-regulation of care for the elderly, especially those who don‟t have an old-age pension, and as a result, the care of the elderly necessarily depends on the good will of the male heir's. From this point of view of caring for elderly parents with whom the heir's sons continue to live, we can find the reason for this custom-tradition. The paper has its limitations and focuses only on the exclusion of girls from the inheritance of family property, and doesn‟t include marital property and other forms of ownership. This paper aims to support the efforts of practitioners and policy makers working towards achieving gender equality in general. Here are highlighted the strengths, weaknesses and opportunities in the legal framework for gender equality in property and helps determine the main areas where legal reform is needed. In terms of methodology, historical methods, analysis methods, comparative methods, interviews and surveys have been used.

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Published
2020-06-19
How to Cite
Neziri-Ceka, L., & Azizi, A. (2020). COMMON TRADITIONAL NORMS AGAINST LEGAL NORMS ON THE FAMILY PROPERTY INHERITANCE DISTRIBUTION BETWEEN GENDERS AMONG THE ALBANIANS OF NORTH MACEDONIA. Knowledge International Journal, 40(6), 1049 - 1054. Retrieved from https://ikm.mk/ojs/index.php/KIJ/article/view/3994