ESSENTIALS OF THE CIVIL LAW CODIFICATION PROCESS (THE CASE OF REPUBLIC OF NORTH MACEDONIA)
Research Article
ESSENTIALS OF THE CIVIL LAW CODIFICATION PROCESS (THE CASE OF REPUBLIC OF NORTH MACEDONIA)
ABSTRACT
Historically, the social context of the states that sought to complete the civil law through codification referred, inter alia, to the need to build or strengthen the national unity, integrity of the state and society, economic valorization of society through economic development and, in this regard, increasing the trust in the legal system and strengthening the legal security among citizens. The process of collecting and arranging the laws that regulate social relations with property effect into a code, scientifically ordered, and promulgated by legislative authority is called civil law codification. The most significant civil law codification is the Corpus Juris Civilis, issued by the Roman Emperor Justinijanus Primus and the first modern civil law codification is the French Civil Code, enacted in 1804, and still in use today in France. In the Republic of North Macedonia since its independence, the legal gaps, inconsistencies and contradictions that existed in the laws governing private matters has imposed the need of codification in the field of civil law. In 2011, the Government has established a Civil Law Codification Commission, which was supposed to prepare the Civil Code in 5 years. But after 9 years the process is not completed yet. This paper will evaluate the development of civil law codes through the ages, the characteristics of the ongoing process of civil law codification in North Macedonia, the possibility to include the family law into the Civil Code, the development of the civil law codification processes in the countries in the region and the reasons and importance for adopting a Civil Code in general and in North Macedonia specifically. The objective of these analysis is to help the process of adopting a Civil Code in North Macedonia that will integrate the norms that regulate civil law relations in one legal text in a comprehensive and systematic manner, thus obtaining a new quality in the regulation of civil law, in the direction of greater internal harmonization, compliance of the law and creating legal and economic security.
DACEV, N.,
(2021). ESSENTIALS OF THE CIVIL LAW CODIFICATION PROCESS (THE CASE OF REPUBLIC OF NORTH MACEDONIA). Journal of Law And Politics, 2(1), 38-45. Arrival Date Posted By:https://jlp.ibupress.com/articles/essentials-of-the-civil-law-codification-process-the-case-of-republic-of-north-macedonia-
