Between Law and Traditions: the Practice of (Non) Participation of Girls from the Albanian Community in Macedonia in the Family Property Inheritance

Abstract

In the Republic of Macedonia after the state independence (1991) property issues, we have arranged through legal norms, but there are many factors that hamper the correct implementation of the goal set out in the positive norms for property inheritance.In the literature so far, we can find information and analysis of the law, the legal and institutional heritage system, litigation cases, comparative aspects of legal norms, but there is a lack of scientific research on the reasons for the low rate of girls’ involvement in the legal part of the family property inheritance which belongs to them. Within this paper, we have analyzed the practical circumstances in Macedonia from the context of girls (non) inclusion in the family property inheritance, or more precisely “voluntary” resignation from inheritance. Rather, in focus of the analysis are the circumstances that affect their resignation.In order to reach the primary data, we realized an empirical study, i.e. a questionnaire survey, including girls (female heirs) from the Albanian community in Macedonia, which have completed the inheritance process on family property within legitimate institutions. Finally, we analyze the data and draw conclusions. Also, suggestions are given to serve the broad academic community, policy-makers, and stakeholders, who may raise issues as a problem that requires special institutional and educational treatment.