Parental Responsibility after Divorce: the Case of North Macedonia

IF 0.9 4区社会学 Q3 FAMILY STUDIES

International Journal of Law Policy and the Family Pub Date : 2021-03-18 DOI:10.1093/lawfam/ebab018

Dejan Mickovik, Arta Selmani-Bakiu

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Abstract

In 2010 the Republic of North Macedonia began the process of drafting the Civil Code, which will be the most significant reform in the field of civil law since its independence in 1991. This reform is expected to include important amendments of the family law, including the regulation of the exercise of parental responsibilities after divorce. The authors in this article make a thorough analysis of the current legal framework in regard to the exercise of parental responsibilities after divorce in the Republic of North Macedonia (RNM). Their main purpose is to detect all legal solutions that are outdated and lead to a serious violation of the rights and interests of children. In the text, the authors provide an overview of the historical development of the legal regulation of the exercise of parental responsibilities after divorce, as well as an analysis of sociological research related to the consequences of divorce on the psychosocial development of children. In addition, the authors provide an overview of research on the impact of joint physical custody on children after divorce. Taking into consideration the importance of the best interest of the children, this article aims to point out the positive effect of joint physical custody on children. In the conclusion, the authors provide recommendations aiming towards a better regulation of the exercise of parental responsibilities after divorce in the new Civil Code of RNM which is now being drafted.

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离婚后父母的责任:北马其顿的案例

2010年，北马其顿共和国开始起草《民法典》，这将是自1991年独立以来民法领域最重大的改革。这项改革预计将包括对家庭法的重要修正，包括对离婚后行使父母责任的规定。本文作者对北马其顿共和国离婚后行使父母责任的现行法律框架进行了深入分析。其主要目的是查明所有过时的、导致严重侵犯儿童权利和利益的法律解决方案。在本文中，作者概述了离婚后行使父母责任的法律法规的历史发展，并分析了与离婚对儿童心理社会发展的影响有关的社会学研究。此外，作者还概述了离婚后共同监护对子女影响的研究。考虑到儿童最大利益的重要性，本文旨在指出共同监护对儿童的积极影响。在结论中，作者提出了一些建议，旨在在目前正在起草的新《国民法典》中更好地规范离婚后父母责任的行使。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

International Journal of Law Policy and the Family Multiple-

CiteScore

1.20

自引率

25.00%

发文量

期刊介绍： The subject matter of the International Journal of Law, Policy and the Family comprises the following: - Analyses of the law relating to the family which carry an interest beyond the jurisdiction dealt with, or which are of a comparative nature - Theoretical analyses of family law - Sociological literature concerning the family which is of special interest to law and legal policy - Social policy literature of special interest to law and the family - Literature in related disciplines (such as medicine, psychology, demography) which is of special relevance to law and the family - Research findings in the above areas, reviews of books and relevant reports The journal has a flexible policy as to length of contributions, so that substantial research reports can be included.