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  • Author: Arta Selmani-Bakiu x
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Joined and Responsible Parenting

Abstract

In the contemporary family law, parents are obliged to arrange the joined implementation of the parenting rights either by their own will or through the help of their lawyers and/or mediators. This institute of mutual agreement is known as joined custody or joined implementation of the parenting right after the divorce of the marriage. This institute makes it possible for parents who live separately to arrange their custody rights in the most convenient way for the child. With a joined custody agreement, the parents accept the obligation to implement all the rights and duties that constitute the parenting right even in case of their separation. Through not dividing their rights from their obligations and with the aim of being closer to the needs of the child, the institute of joined custody helps avoid the feelings of hostility and disagreement in regard to the judicial decision which gives permanent custody to one of the parents. This institute is incorporated in the family law of many countries (Sweden, Norway, Finland, Denmark, UK, France, Italy, Germany, Belgium, Switzerland, Hungary, Czech Republic, USA and Australia). This article aims to emphasize the need to introduce in the family law of RM an explicit provision for joined and responsible custody after the divorce in order to achieve the best interest of the child. There is a joined initiative of parents who live separately from their children who request the amendment of the Family Law of RM in this direction.

Open access
The Notary Service - Justice Services

Abstract

The aim of this study is to explore the role and the importance of the notary service in the process of dejudicialization of the judicial-civil protection. In this context, this paper first of all attempts to examine the extent to which the issues from the traditional competence of the court (usually non-litigious) have been transferred to notary publics and the possibilities of further extension of this transfer. The judicial framework for the transfer of these issues from the court competences to that of notary publics has been decided by the Law on Non-Litigious Procedure (2008). In supporting this law, the notary publics undertook the realization of a series of activities in this field, namely in the field of inheritance. In this respect, the idea of this paper was to try to identify other judicial issues that could perhaps be entrusted to the notary publics in the future, by carrying out a judicial-political assessment of the public interest to transfer the resolution of certain issues to notary publics′ competences with the aim of facilitating the judicial circulation and increasing judicial security.

Open access