Matrimonial Property and Inheritance Laws in Kosovo: Genealogical Insights on Family Continuity and Heritage

Abstract

This study examines the impact of Kosovo’s matrimonial property and inheritance laws on intergenerational inheritance and family connections. It explores how the division of property during marriage or upon divorce influences inheritance outcomes and the continuity of family lineage. The research employs a comparative approach, including genealogical case studies, to analyze these effects. Findings demonstrate that legal provisions significantly influence the preservation of family property and help prevent intra-family disputes. Well-structured laws ensuring the participation of children and the surviving spouse promote gender and social equality, respect heirs’ rights, and support economic sustainability. Comparative experiences from Germany and France offer practical examples for harmonizing property management in Kosovo. Additionally, the study highlights the importance of accurate property data and the use of genealogical records to maintain continuity in material inheritance and the construction of family history. Overall, matrimonial property and inheritance laws are more than legal instruments; they uphold social order and safeguard families’ material legacies. The study concludes with concrete recommendations for policy and legal practices that address communities’ real needs while acknowledging family history.

1. Introduction

The regulation of matrimonial property and inheritance laws is of critical importance in Kosovo due to the strong family structures, which are characterized by extended family networks, close intergenerational ties, and the central role of kinship in the transmission of property, as well as the preservation of cultural heritage across generations (Kosovo Assembly 2004; Hasani 2018a).

Historically, inheritance and marital property laws were heavily influenced by patriarchal customs, which limited daughters’ rights and prioritized male heirs. These historical practices have contributed to gender inequities and intergenerational tensions, compounded by the lack of comprehensive property registration and incomplete documentation (Berisha 2015; Veseli 2019).

In Kosovo’s legal and social framework, the notion of “family” carries both juridical and sociological meanings. Legally, Article 2 of the Family Law defines the family as a “vital community of parents, their children, and other relatives”, reflecting the centrality of kinship ties in defining rights and obligations. Sociologically, the family is regarded as the fundamental and natural unit of society, responsible for transmitting identity, values, and intergenerational continuity. This dual concept is particularly relevant in Kosovo, where family property, lineage, and heritage shape social cohesion, support networks, and the preservation of cultural traditions. Thus, protecting the family and its property is not only a legal requirement embedded in domestic law and the Constitution, but also a social imperative tied to heritage and intergenerational solidarity (Gashi et al. 2004).

Despite legislative reforms, practical implementation remains challenging. Ambiguous legal provisions, limited enforcement mechanisms, and inconsistent judicial interpretations often impede the equitable division of property, particularly in cases involving joint or complex family assets. These implementation gaps can result in unequal treatment of heirs, potential disputes, and the unintended distribution of property outside the intended family succession lines (Kosovo Assembly 2010a; Berisha 2015; Veseli 2019).

Comparative analysis with Germany and France, as EU member states with well-established legal mechanisms for protecting heirs’ rights, marital property management, and family continuity, and with Albania, selected due to its legal and socio-cultural similarities with Kosovo and its recent legal reforms promoting gender equality and fair inheritance practices, provides valuable insights.

Germany and France operate detailed statutory frameworks, complemented by prenuptial agreements and protective mechanisms such as the legitime share and réserve héréditaire, which ensure equitable inheritance and preserve family property continuity (Kunz 2016; J. Dupont 2014a). Albania, similar to Kosovo, has recently reformed its legal framework to promote gender equality and fair inheritance practices (Albanian Parliament 2003; Gashi et al. 2012). Examining these systems allows identification of international best practices that could guide Kosovo in improving legal certainty, safeguarding heirs, and strengthening family lineage while promoting gender and social equity. By integrating legal, genealogical, and comparative perspectives, this study highlights the strengths and shortcomings of Kosovo’s current system and underscores the need for reforms that respond to the real needs of families, respect cultural traditions, and reflect contemporary international standards, emphasizing the role of genealogical documentation in preserving family lineage and cultural heritage across generations (Shala 2020; Veseli and Dema 2020a).

2. Methodology

This study employs a doctrinal and comparative methodology to examine the impact of Kosovo’s marital property and inheritance laws on family relations and intergenerational inheritance. The methodology is structured into three complementary components:

• Legal Analysis of the Current Framework—The research provides a detailed examination of the provisions of Kosovo’s Family Law and Civil Code related to marital property, focusing on the assignment of property within marriage, the rights and obligations of spouses, and the protection of family inheritance (Kosovo Assembly 2004, 2010a). This analysis is based on doctrinal research, relevant case law, and academic literature interpreting both Kosovo law and comparable European legislation (Berisha 2015). Particular attention is given to clarifying ambiguities in the legal framework and assessing how statutory provisions are applied in practice.
• Comparative Analysis—To provide broader perspectives, the study includes comparisons with Germany, France, and Albania, selected for their well-established legal mechanisms in protecting heirs’ rights, managing marital property, and ensuring continuity of family lineage. These comparisons identify best practices and norms that could serve as benchmarks for improving Kosovo’s legal framework, highlighting current gaps and suggesting reforms to ensure fairness, legal certainty, and equitable treatment of spouses and heirs (Kunz 2016; J. Dupont 2014a).
• Genealogical and Visual Analysis—To illustrate inequalities and practical challenges in intergenerational inheritance, the study incorporates genealogical data and visual representations of property and inheritance transmission across generations (Veseli and Dema 2020a). These visual tools provide a clear view of the alignment—or misalignment—between legal provisions and the social realities of families in Kosovo, particularly emphasizing difficulties arising from imprecise legislation, incomplete property registration, or inadequate dispute resolution mechanisms.

The integration of these three methodological layers ensures a comprehensive understanding of family property laws, inheritance practices, and intergenerational dynamics, addressing both legal and socio-cultural dimensions and providing evidence-based insights for potential policy and legal reforms.

Key Terms and Study Objectives

To ensure clarity, this paper employs several key terms consistently:

• Matrimonial property/Community of property: the legal system governing ownership and division of assets acquired during marriage.
• Usufruct: the right of a surviving spouse to use and benefit from property without holding full ownership.
• Legitime share (Germany)/Réserve héréditaire (France): statutory provisions guaranteeing heirs a minimum portion of inheritance, protecting against arbitrary disinheritance.
• Property registration/Documentation: the official recording of property rights, essential for legal certainty and proper enforcement of inheritance and marital property laws.

The purpose of this study is to conduct a comparative analysis of matrimonial property and inheritance laws in Kosovo, Germany, France, and Albania. The objectives are to identify best practices, assess gaps in Kosovo’s legal framework, and suggest reforms that could enhance heir protection, promote gender equality, and strengthen continuity of family property. By combining legal, genealogical, and comparative perspectives, the paper provides a comprehensive understanding of how legislation shapes family structures and inheritance patterns across different jurisdictions.

3. Results of the Paper

The analysis of Kosovo’s legal framework shows that matrimonial property and inheritance laws are fundamental in shaping family lineages and ensuring equitable treatment between spouses. Under the Law on Family of Kosovo (Articles 45–55), marital property is categorized as either separate or joint. Separate property, including assets acquired before marriage, inherited property, gifts, or intellectual creations (Article 46), is managed independently by each spouse. Jointly acquired property, comprising assets obtained through work during the marriage and their associated income, is administered and disposed of jointly (Articles 47–51). Under the current law on matrimonial property in Kosovo (Gashi and Preteni 2023), spouses may also manage property according to contractual agreements, providing additional flexibility in property division (Republic of Kosovo 2004a).

Despite these provisions, ambiguities persist, particularly concerning property division upon divorce. The Law on Inheritance (Articles 11–27) defines legal heirs, ranks of inheritance, and the rights of spouses, children (Republic of Kosovo 2004b), parents, and other relatives, including circumstances under which a spouse’s inheritance rights terminate (Articles 26–27). Articles 36 and 37 of the Law on Family further clarify the treatment of property segregated from the general inheritance (World Bank 2017). Descendants who contributed to the value of the deceased’s property may request segregation of their portion, while surviving spouses and cohabiting descendants are entitled to household items necessary for daily living in equal co-ownership shares, excluding high-value items. These provisions protect family contributions and essential household needs without affecting statutory inheritance shares (Glendon 1989).

In practice, however, limited procedural guidance and inconsistent documentation often result in judicial variation (World Bank 2017), generating disputes not only between spouses but also among extended family members, particularly in cases involving intergenerational transfers or segregated property (Berisha 2021). Such uncertainties disrupt the predictable transmission of assets and may compromise the orderly transmission of property, potentially altering intergenerational social and material structures (OSCE 2011). Genealogical analyses conducted in this study show that contested property can alter the structural representation of family lineages, affecting both social recognition and the preservation of family heritage (Pap 2015; Villafañe 2023).

A comparative analysis with Germany and France illustrates that clear procedural rules for property division and mediation reduce legal uncertainty and familial conflict. These countries were selected due to their well-established statutory frameworks that safeguard heirs’ rights and provide structured procedures for marital property division. Kosovo could benefit from adopting mechanisms similar to those in place in other countries to ensure equitable distribution and protect intergenerational asset transfers (European Commission 2021).

These findings indicate that even minor adjustments in the interpretation or application of matrimonial property and inheritance laws can significantly influence asset distribution and the preservation of family lineages. Strengthening procedural clarity and judicial consistency is therefore essential to safeguarding both legal certainty and social continuity in Kosovo. Furthermore, incorporating a genealogical perspective allows policymakers to understand how legal provisions interact with family structures, ensuring that reforms address both legal and social realities effectively.

3.1. Legal and Historical Context

This section situates Kosovo’s marital property and inheritance laws within their historical and legal framework, providing essential context for understanding inheritance practices, disputes, and intergenerational continuity. Historically, inheritance and marital property rules in Kosovo were heavily influenced by patriarchal customs, which prioritized male heirs and limited daughters’ rights, contributing to gender inequities and intergenerational tensions. These historical practices continue to shape contemporary legal norms and their practical application (Beck-Gernsheim 2002a; Pap 2015; Moore 2023; Villafañe 2023).

Key terms used throughout this study are defined as follows:

• Matrimonial property/community of property—property acquired jointly by spouses during marriage, subject to equitable division under the law.
• Usufruct—the right of a surviving spouse or heir to use and benefit from property without holding full ownership.
• Legitime share/réserve héréditaire—a legally guaranteed minimum portion of inheritance allocated to children or other heirs, ensuring protection against arbitrary disinheritance.
• Property registration/documentation—official records that verify property ownership, transfers, and succession rights, crucial for legal certainty and effective enforcement of inheritance laws.

The objective of this section is to provide a comprehensive understanding of Kosovo’s legal framework for marital property and inheritance, tracing its development and highlighting how historical and cultural practices have influenced current legislation. Comparative examples from Germany, France, and Albania are included to illustrate best practices in procedural clarity, protection of heirs, and intergenerational property transfer. These comparisons allow for an evaluation of which mechanisms could be adapted in Kosovo to improve equity, legal certainty, and the preservation of family lineages.

3.1.1. Implications and Justifications

Understanding the implications presented in the results section requires situating Kosovo’s marital property and inheritance laws within their historical and legal context. These laws not only regulate the allocation of property between spouses and heirs but also shape family dynamics, intergenerational relationships, and the continuity of family lineages. Without such context, analyses of legal uncertainties, disputes, and their social consequences remain incomplete (Gashi et al. 2004; Berisha 2015). Historically, patriarchal inheritance practices prioritized male heirs and limited women’s rights; tracing the evolution from these practices to contemporary standards highlights the progress toward equity and gender equality.

3.1.2. Current Legal Context

Under the Law on Family of Kosovo (Law No. 2004/32, amended by Law No. 03/L-132), property acquired during marriage is categorized as separate or joint. Separate property includes assets owned before marriage, inherited property, gifts, or intellectual creations, managed independently by each spouse (Articles 46(1)–(5)). Jointly acquired property, encompassing assets obtained through work during marriage, is administered and divided equally unless spouses agree otherwise (Articles 47–51).

The Law on Inheritance (Law No. 2004/26) defines heirs, the hierarchy of succession, and conditions under which spouses inherit (Articles 11–27). Surviving spouses are entitled to a portion of jointly held property (Article 26), though this right may terminate in cases of divorce or annulment (Article 27). These provisions aim to balance the interests of heirs and spouses, reduce disputes, and provide predictability in succession.

Despite these statutory frameworks, ambiguities and insufficient procedural detail often generate legal uncertainty. Disputes over property division—especially in cases with limited documentation—can undermine equity between spouses and disrupt intergenerational inheritance. Although the laws provide mechanisms for division and compensation, judicial interpretations vary in practice, affecting family lineages and cultural continuity (Berisha 2021; Beck-Gernsheim 2002b).

Comparative insights from EU jurisdictions, such as Germany and France, demonstrate that clearer procedural rules and structured mediation mechanisms reduce legal uncertainty, enhance predictability, and strengthen family cohesion (European Commission 2021). While Kosovo’s current framework establishes foundational principles of fairness and equity, further clarification, procedural guidance, and harmonization with best practices are needed to secure intergenerational continuity and mitigate disputes.

3.2. Importance of Family Lineage and Material Transfer

Marital property and inheritance laws in Kosovo play a central role in preserving family lineages and ensuring the orderly transfer of property across generations. Under the Law on Family (Law No. 2004/32), joint property acquired during marriage is divided equally between spouses in cases of separation or death (Articles 47–51), whereas separate property—including assets acquired prior to marriage, inheritance, gifts, or intellectual property—remains under the independent administration of each spouse (Article 46). This framework reinforces family cohesion and provides structured mechanisms for equitable property division, essential for sustaining intergenerational continuity.

The Law on Inheritance (Law No. 2004/26) further guarantees that heirs, including children and the surviving spouse, receive their legally prescribed shares (Articles 11–27). Surviving spouses inherit a portion of jointly held property (Article 26), although these rights terminate under divorce or annulment (Article 27). These provisions ensure that property remains within the family, protecting both material and symbolic heritage.

Maintaining property within a family lineage supports economic stability and mitigates conflicts over intergenerational transfers. Clear definitions of heirs and property rights encourage systematic documentation of family assets, promote equitable treatment of spouses and children, and facilitate continuity in genealogical records and social structures (Berisha 2015). Comparative evidence from European jurisdictions demonstrates that well-defined marital property and inheritance frameworks contribute to predictable succession and reduce disputes. Germany’s and France’s statutory mechanisms, such as the legitime share and réserve héréditaire, provide legal certainty and safeguard intergenerational property transmission (Kunz 2016; J. Dupont 2014a). These examples suggest that enhanced clarity and procedural guidance in Kosovo could strengthen protection of heirs and family asset stability (European Commission 2021).

3.3. Descriptive Examples and Analysis

This section presents descriptive examples and empirical illustrations demonstrating the practical application of marital property and inheritance laws in Kosovo. By analyzing legal provisions alongside representative family cases, the section highlights the effects of these laws on property division, intergenerational continuity, and gender equality. Comparative references to Germany and France provide contextual benchmarks and lessons for potential legal reform.

Genealogical and property studies in Kosovo show that the application of marital property laws significantly affects the retention and transfer of family property across generations. According to Articles 46–51 of the Law on Family, property acquired during marriage is classified as joint property and divided equitably between spouses in cases of divorce or death (Kosovo Assembly 2004). This reduces intra-family conflicts and ensures that assets remain within the family lineage.

Inheritance provisions under Articles 11–27 of the Law on Inheritance further reinforce continuity. Children and the surviving spouse inherit from the deceased in clearly defined shares (Articles 12, 14, 26). These provisions maintain family asset integrity and minimize disputes among heirs, particularly in multi-generational households.

From a socio-economic perspective, families adhering to these laws experience greater intergenerational cohesion. Equitable property division encourages cooperation and reduces conflicts among heirs (Veseli 2021). Retaining property within the family allows assets to be leveraged for business, education, or investment, supporting wealth preservation across generations (Shala and Krasniqi 2022).

Gender equality is strengthened through these legal provisions. Article 26 of the Law on Inheritance, in combination with marital property regulations, ensures that women have access to family resources that might otherwise have been restricted. This supports the economic empowerment of women and reinforces their role in managing family property (Kunz 2016).

Comparative analysis demonstrates that formal legal structures in Germany (BGB §§1363–1370) and France (Code Civil, Articles 1400–1600) provide clear mechanisms for property transfer and inheritance, leading to greater stability and continuity of family wealth (J. Dupont 2014a). Kosovo’s framework, if applied consistently, has similar potential to preserve family lineages, maintain assets, reduce conflicts, and promote gender equality and social cohesion.

In conclusion, marital property and inheritance laws in Kosovo (Articles 46–51 of the Law on Family; Articles 11–27 of the Law on Inheritance) extend beyond asset division: they safeguard intergenerational property transfer, support continuity of family lineages, and foster socio-economic stability (Kosovo Assembly 2004; Gashi et al. 2004; Berisha 2015).

3.4. Comparative Analysis: Illustrations and Data

This section presents a comparative analysis of marital property and inheritance practices in Kosovo, emphasizing intergenerational property transfer, gender equality, and family cohesion. Comparative insights from Germany, France, and Albania are included to identify lessons and potential reforms for Kosovo’s legal framework.

Empirical evidence shows that compliance with marital property and inheritance laws significantly supports the stability and continuity of family property. Between 2015 and 2020, around 65% of families, as reported in existing studies (Veseli 2021), registered their property and conducted divisions according to the Law on Family (Articles 46–51) and the Law on Registration of Immovable Property (Kosovo Assembly 2010b), preventing dispersion of assets beyond the family unit.

For example, as a hypothetical illustrative example based on the applicable legal provisions, a family with three children held joint property valued at €120,000. The property was divided equally among the children according to Articles 12 and 26 of the Law on Inheritance, while the surviving spouse retained her share under Article 26 (Kosovo Assembly 2004). This equitable division minimized disputes, preserved economic stability, and maintained family integrity.

According to statistical analyses reported by Veseli (2021), families following legal provisions are more likely to retain wealth across generations, ensuring predictable material transfers and economic security (Veseli 2021). Compliance also reinforces gender equality, guaranteeing female heirs their lawful shares and supporting women’s role in family property management (Articles 26 and 46–51, Kosovo Assembly 2004; Shala and Krasniqi 2022).

Conversely, neglecting legal rules often leads to disputes, property fragmentation, and social tension, weakening family cohesion (Dema 2020). Accurate property documentation further strengthens genealogical evidence, preserving family identity and traditions (Berisha 2021).

Modernizing registries and implementing electronic records can improve compliance, facilitate monitoring of inheritance and marital property, and support longitudinal studies of family and economic behavior (Law on Registration of Immovable Property, Kosovo Assembly 2010b; Veseli and Dema 2020a).

In conclusion, effective implementation of marital property and inheritance laws (Articles 46–51 of the Law on Family; Articles 11–27 of the Law on Inheritance) strengthens families’ ability to retain and equitably distribute property, supporting both socio-economic stability and intergenerational continuity in Kosovo (Kosovo Assembly 2004; Veseli 2021).

The comparative data discussed in this section are summarized in

Table 1. Comparative Table: Marital Property and Inheritance Systems in Kosovo, Germany, France, and Albania.

Country	Primary Legislation	Marital Property Regime	Inheritance Distribution	Children’s Participation	Examples/Statistics
Kosovo	Family Law (Kosovo Assembly 2004), Law on Registration of Immovable Property (Kosovo Assembly 2010b), Law on Inheritance (Articles 11–27, 2004)	Property acquired during marriage = joint ownership (Articles 46–51, Family Law)	Equal division among heirs; surviving spouse entitled to statutory share (Articles 12, 14, 26–27, Law on Inheritance)	Equality guaranteed for all children (Articles 11–12, Law on Inheritance)	~65% of families follow statutory division (Berisha 2015). Example: A family with three children and €120,000 joint property divided equally has reduced intergenerational disputes
Germany	Bürgerliches Gesetzbuch (BGB) §§ 1363–1370	Joint property or based on pre-nuptial agreements	“Legitime share” ensures minimum portions for heirs	Guaranteed for all heirs	~70% of marriages apply BGB property division (Kunz 2016); Supports genealogical documentation and family lineage protection
France	Code Civil, Arts. 1400–1600	“Communauté réduite aux acquêts” (community of acquisitions)	Minimum children’s share guaranteed	Guaranteed for all children	~80% of cases use this model (J. Dupont 2014a); Example: 2 apartments + farmland divided according to law; promotes gender equity and family cohesion
Albania	Family Law, Law No. 9062/2003	Joint marital property	Equal division among heirs	Equality guaranteed for all children	~60% of families follow statutory division; Example: Family business + immovable property divided equally; facilitates intergenerational wealth preservation

, which presents key indicators on marital property and inheritance practices in Kosovo, Germany, France, and Albania, along with their respective sources.

3.4.1. Germany

In Germany, approximately 70% of marriages involving joint property operate under the statutory property division rules established by the Bürgerliches Gesetzbuch (BGB, §§1363–1370, 1900; Kunz 2016). These provisions ensure that assets acquired during marriage are distributed equitably between spouses and, indirectly, among heirs. By providing clear legal guarantees, the German system promotes both economic security for the family unit and the continuity of family property across generations.

A representative scenario illustrates this framework: a married couple acquires property during their marriage, and its division is determined by a combination of prenuptial agreements and the statutory provisions of the BGB. This integration of contractual and statutory mechanisms guarantees that marital property is appropriately allocated between spouses and, upon death, among heirs (Kunz 2016). The clear legal framework minimizes disputes, supports intergenerational continuity, and ensures that property remains within the family lineage, as reflected in the (Bürgerliches Gesetzbuch [BGB] 2023).

Comparative perspective with Kosovo: In Kosovo, Articles 46–51 of the Law on Family and Articles 11–27 of the Law on Inheritance regulate marital property and inheritance. While these provisions aim to ensure equitable division and preserve family continuity, ambiguities in legal interpretation, limited procedural guidance, and incomplete property documentation sometimes create conflicts or delay property transfer across generations (Kosovo Assembly 2004). The German experience thus serves as a benchmark for potential reforms in Kosovo, demonstrating that clear statutory rules combined with contractual flexibility can enhance family cohesion, legal certainty, and economic stability, as seen in the BGB 1900 (Bürgerliches Gesetzbuch [BGB] 1900, 1363–1370).

Key features of the German system:

• Documentation of Family Lineage: All heirs are officially registered, ensuring protection of inheritance rights.
• Compatibility with Prenuptial Agreements: Property can be managed according to spouses’ contractual arrangements, maintaining fairness and flexibility.
• Retention of Property Within the Family: The legal framework prevents assets from leaving the legitimate line of succession, preserving intergenerational wealth.

3.4.2. France: Comparative Perspective

In France, marital property and inheritance are regulated by the Civil Code (Code Civil, Articles 1400–1600), which establishes clear rules for both the division of property between spouses and the protection of heirs. According to Dekeuwer-Défossez (2016), these provisions ensure equitable division and long-term family protection (Dekeuwer-Défossez 2016). Approximately 65–70% of married couples adhere to the statutory property regime or choose a prenuptial contract that complements the legal framework (J. Dupont 2014a). This system ensures equitable distribution of assets acquired during marriage, provides security for surviving spouses, and preserves family wealth across generations.

A representative scenario illustrates this framework: a married couple jointly acquires a house during their marriage. Upon the death of one spouse, the surviving spouse benefits from usufruct rights over the property, while children inherit the réserve héréditaire, the legally guaranteed minimum share of inheritance (Code Civil, Articles 913–924). These provisions prevent arbitrary disinheritance and ensure that both spouses and children receive their lawful shares, supporting family continuity and intergenerational property retention.

Comparative perspective with Kosovo: While Kosovo’s Law on Family (Articles 46–51) and Law on Inheritance (Articles 11–27) aim to secure equitable division and protect heirs, gaps in procedural guidance, incomplete documentation, and ambiguities in interpretation can create conflicts and hinder predictable property transfer. The French experience demonstrates the benefits of combining statutory protection, clear procedural rules, and usufruct rights to enhance family cohesion, safeguard economic stability, and ensure intergenerational continuity (European Commission 2021). Kosovo could adopt similar mechanisms, particularly regarding the formal recognition of usufruct and minimum inheritance shares, to reduce disputes and strengthen family property preservation.

In France, the communauté réduite aux acquêts system and the principle of forced heirship (Code Civil 1804) safeguard family property and lineage (J. Dupont 2014a). Key aspects include:

• Equitable Sharing of Marital Property: Assets acquired during marriage are shared between spouses, while premarital property remains the individual property of each spouse.
• Guaranteed Minimum Share for Children: Ensures that inheritance is preserved within the family line.
• Conflict Reduction and Transparency: Clear rules minimize disputes among heirs and promote documented, traceable transfers of property.

3.4.3. Albania: Comparative Perspective

In Albania, approximately 60% of families, as reported in studies on the implementation of the Albanian Family Law (Law No. 9062/2003), comply with the Family Law to divide joint property and regulate inheritance (Albanian Parliament 2003). The law provides mechanisms to ensure equitable participation by both spouses in property acquired during marriage and to guarantee heirs a fair share, thereby supporting intergenerational continuity.

A representative example illustrates this framework: a family owns a small business and several immovable properties. Under the law, assets are divided equally between spouses, with portions allocated to children, which preserves economic stability and continuity of the family lineage. Such equitable division minimizes intra-family disputes and facilitates the systematic transfer of wealth across generations (Albanian Parliament 2003).

The Albanian legal framework also fosters broader social and gender outcomes. Compliance with statutory provisions strengthens social cohesion, as clear rules reduce conflicts among heirs, particularly in families with substantial property holdings (Gashi et al. 2004). Equitable property division guarantees women’s legal rights to family property, which has historically been restricted in many cases (Berisha 2015). Furthermore, families adhering to legal requirements maintain proper documentation for genealogical purposes and inheritance planning, ensuring that both material and symbolic assets are preserved (Kaser 2020).

Comparative perspective with Kosovo: Kosovo’s legal framework, governed by Articles 46–51 of the Law on Family and Articles 11–27 of the Law on Inheritance, mirrors Albania’s structured approach to marital property and inheritance. Both systems seek to balance spouses’ interests, protect heirs, and maintain family property continuity. However, Kosovo faces additional challenges due to ambiguities in property registration, inconsistent documentation, and occasional judicial variability (Kosovo Assembly 2004; Berisha 2021).

In conclusion, Albania exemplifies how formalized marital property and inheritance regulations can safeguard family wealth, promote gender equality, and maintain lineage continuity. The Albanian experience underscores the importance of clear legislation, compliance, and systematic record-keeping, offering valuable lessons for enhancing Kosovo’s legal and procedural framework.

The comparative review of marital property and inheritance frameworks in Kosovo, Germany, France, and Albania demonstrates that structured legal rules for the division of marital property and inheritance significantly impact the preservation of family lineage. In Kosovo, Articles 46–51 of the Law on Family regulate the acquisition, administration, and division of marital property, while Articles 11–27 of the Law on Inheritance govern the rights of heirs and surviving spouses (Kosovo Assembly 2004, 2010a). These provisions not only define property rights but also serve as instruments of genealogical continuity, ensuring that assets, wealth, and family heritage are preserved across generations (Berisha 2021; Albanian Parliament 2003).

Key positive outcomes of enforcing clear marital property and inheritance rules in Kosovo include:

• Reduction in intra-family conflicts: Legal definitions of property and inheritance rights provide clear guidance for equitable division, minimizing disputes among heirs, particularly in complex family structures with multiple children (Articles 52–55, Law on Family; Antokolskaia 2016; Scherpe 2017).
• Retention of property within the family lineage: By specifying rights to both separate and joint property, Kosovo’s framework ensures that family assets remain within the lineage, promoting intergenerational wealth continuity (Articles 46–50, Law on Family; Glendon 1989; Ferrari 2020).
• Documentation and preservation of material heritage: Legal provisions on property registration and administration (Articles 50–51, Law on Family) create reliable records that facilitate genealogical research and safeguard extended family histories (Sieder 2021).
• Economic security for surviving family members: The rights of surviving spouses and children, particularly regarding joint property and inheritance shares (Articles 26–27, Law on Inheritance), provide material welfare and financial stability, enabling families to maintain economic security after the death of a spouse (Beck-Gernsheim 2002b; Husa 2018).

From a genealogical perspective, Kosovo’s matrimonial property and inheritance laws function not only as legal instruments but also as social and cultural mechanisms. They reinforce family cohesion, sustain intergenerational wealth, and support gender equality by guaranteeing women legal access to marital and inherited property (Articles 46–51, Law on Family; Berisha 2015; Antokolskaia 2016; Ferrari 2020; Scherpe 2017).

Comparative insights: Compared with Germany, France, and Albania, Kosovo’s legal framework aligns with international practices by promoting the continuity of family lineages, equitable resource allocation, and the long-term preservation of genealogical records. The German system (BGB §§1363–1370) and the French framework (Code Civil, Articles 1400–1600) provide clear procedural rules that reduce disputes and ensure predictable succession, while Albania’s Family Law (Law No. 9062/2003) emphasizes equitable division and compliance (Kunz 2016; P. Dupont 2014b; Albanian Parliament 2003).

However, effective implementation in Kosovo depends on accurate property registration, consistent judicial interpretation, and adherence by families, all of which remain areas for potential reform. Addressing these gaps could strengthen the protection of heirs, enhance intergenerational continuity, and align Kosovo more closely with European best practices.

Albania’s Family Law (Law No. 9062/2003) produces outcomes similar to Kosovo, with an emphasis on equality and continuity:

• Equality Between Children and Surviving Spouse: Historical inequalities are corrected, ensuring fair inheritance.
• Preservation of Family Property and Businesses: Property remains within the family, supporting intergenerational continuity.
• Economic Stability: Clear legal rules for property management and inheritance promote financial security and reduce potential conflicts (Gashi et al. 2004; Berisha 2015).

Synthesis: Across Kosovo, Germany, France, and Albania, structured legal frameworks for marital property and inheritance serve multiple functions: they protect heirs, maintain family wealth, reduce disputes, promote gender equity, and ensure genealogical continuity. Kosovo’s system aligns with these objectives but could benefit from enhanced procedural clarity, standardized documentation, and public awareness campaigns to reach the consistency observed in German and French practices.

3.4.4. Impact of Laws Relating to Family Lineage and Inheritance: An Analytical Perspective

The legal framework governing inheritance and marital property in Kosovo, particularly the Law on Inheritance (Articles 11–27) and the Law on Family (Articles 46–51), demonstrates that these provisions extend beyond procedural formalities. They function as essential mechanisms for preserving family structures, ensuring intergenerational continuity, and maintaining the integrity of family lineage.

Key insights based on the Kosovar legal context include:

• Protection of heirs and equitable distribution: Articles 11–12 of the Law on Inheritance define the hierarchy of heirs, including children, adopted children, the surviving spouse, parents, and other relatives. These rules ensure equitable participation and mitigate potential disputes, especially in families with multiple children or extended family branches (Berisha 2015; Veseli 2021). By clarifying statutory shares, the law operates as a preventive mechanism against intergenerational conflicts.
• Rights of the surviving spouse: Articles 26–27 of the Law on Inheritance, in conjunction with the Family Law, guarantee that the surviving spouse retains a statutory portion of marital property. Protecting the spouse’s rights strengthens the family’s economic stability and safeguards genealogical continuity by ensuring that assets remain within the family lineage.
• Documentation and genealogical continuity: Proper implementation of inheritance and marital property laws, reinforced by registration under the Law on Registration of Immovable Property (Kosovo Assembly 2010b), ensures formal documentation of property transfers. This facilitates genealogical research, enhances transparency in inheritance processes, and preserves both material and symbolic family heritage for future generations (Sieder 2021).
• Gender equality and social cohesion: Kosovo’s legal framework promotes equitable distribution among children and spouses, including the protection of female heirs. Guaranteeing women legal access to family property reinforces gender equity, supports the economic empowerment of women, and fosters social cohesion within families, reducing marginalization or conflicts over inheritance (Antokolskaia 2016; Kunz 2016).
• Comparative perspective: In comparison with Germany, France, and Albania, Kosovo’s legal framework pursues similar objectives—balancing marital and inheritance rights, promoting family stability, and maintaining intergenerational wealth and lineage. Nonetheless, Kosovo faces challenges in implementation due to ambiguities in procedural guidance and limited public awareness, which can result in disputes or delays in property transfers (Berisha 2015; Veseli 2021). Lessons from these other European jurisdictions suggest that clearer procedural rules, mediation mechanisms, and consistent judicial interpretation could enhance the effectiveness of Kosovo’s system.

Conclusion: Kosovar inheritance and marital property laws serve as both legal and social instruments, ensuring the continuity of family lines, equitable distribution of wealth, and protection of material and symbolic heritage. Effective application is essential for sustaining intergenerational stability, minimizing familial conflicts, and promoting gender equality, thereby reinforcing the resilience and cohesion of family institutions over time.

3.4.5. Kosovo

Under Kosovo’s legal framework (Kosovo Assembly 2004, 2010a, 2010b), marital property and inheritance laws play a pivotal role in ensuring both economic stability and intergenerational continuity. Empirical data indicate that around 65% of families comply with statutory provisions regarding property division (Berisha 2015). Key outcomes include:

• Preservation of Family Heritage: Property remains within the family, securing material inheritance and reducing uncertainties for heirs.
• Mitigation of Intergenerational Conflicts: Clearly defined shares for children and the surviving spouse reduce disputes and facilitate smoother wealth transfer across generations (Glendon 1989; Antokolskaia 2016; Scherpe 2017).
• Economic Stability of the Family Unit: Equitable access to jointly acquired property ensures financial security for surviving family members.

3.4.6. Integration of Empirical Examples and Comparative Perspective

The practical effects of marital property and inheritance laws in Kosovo are evidenced through empirical data. Between 2015 and 2020, approximately 65% of Kosovar families complied with statutory provisions under the Family Law and the Law on Registration of Immovable Property (Kosovo Assembly 2004, 2010b).

For instance, a family with three children and joint property valued at €120,000 distributed the estate equally among heirs, with the surviving spouse retaining her statutory share. This application of Articles 11–12 and 26–27 of the Law on Inheritance illustrates how the law ensures:

• Equality among heirs,
• Protection of the surviving spouse, and
• Preservation of intergenerational wealth.

Comparatively, adherence to formal property registration and well-defined legal frameworks in Germany (~70% adherence to BGB §§1363–1370), France (~80% adherence to communauté réduite aux acquêts), and Albania (~60% adherence to Law No. 9062/2003) similarly guarantees equitable property distribution, continuity of family lineage, gender equality, and broader social stability.

3.4.7. Conclusions and Interpretive Insights

The comparative analysis demonstrates that marital property and inheritance laws function not merely as procedural instruments but as essential mechanisms for:

• Preserving family lineage,
• Ensuring intergenerational continuity, and
• Maintaining economic stability.

Legal models that incorporate structured property division and compulsory minimum shares for heirs effectively prevent intergenerational conflicts and safeguard material inheritance. In Kosovo, harmonization with international standards has addressed gender discrimination and historical inequalities (Berisha 2015). Empirical evidence and comparative insights from Germany, France, and Albania further indicate that systematic documentation and legal compliance significantly contribute to:

• Protection of family heritage,
• Equitable distribution of assets, and
• Long-term socio-economic stability across generations.

4. The Impact on Inheritance and Family Identity

This section explores the social, economic, and cultural consequences of marital property and inheritance laws for families in Kosovo. It examines how these laws regulate asset distribution, protect heirs’ rights, and preserve family lineage across generations.

Marital property and inheritance laws function not merely as procedural instruments; they serve as mechanisms that balance the interests of individual heirs with the broader economic and social needs of the family as a whole (Beck-Gernsheim 2002b; Ferrari 2020). These laws recognize property as both an economic resource and a carrier of family identity, ensuring continuity across generations while reinforcing social cohesion (Glendon 1989; Sieder 2021, Author).

In addition, it is important to situate these laws within the diversity of family structures in Kosovo. This study primarily focuses on the traditional family model, in which cohesion, lineage, and the preservation of family property are central. Nonetheless, alternative family forms exist, including adoptive families, cohabiting partners, queer families, and families from ethnic or other minority groups, whose recognition and treatment under law may differ. Understanding these diverse family structures provides a more comprehensive analytical lens for evaluating inheritance and marital property laws, highlighting both the strengths of the traditional system and areas where legal clarity, social recognition, and equitable treatment may be lacking.

Empirical research in Kosovo indicates that approximately 65% of families comply with the statutory provisions on property division under the Family Law and the Law on Registration of Immovable Property (Berisha 2015). Such compliance contributes to:

• Reduction in intergenerational conflict,
• Equitable inheritance for children and surviving spouses, and
• Economic stability within the family unit (Glendon 1989; Antokolskaia 2016; Scherpe 2017).

Additionally, these laws ensure that property acquired during marriage or common life remains within the family, protecting both material and symbolic heritage (Ferrari 2020; Sieder 2021).

Comparative insights further illuminate these effects:

Germany: The concept of the legitime share guarantees that children and the surviving spouse are included in the estate, limiting the testator’s freedom to disinherit heirs and thereby preserving family continuity.

France: The réservé héréditaire similarly secures a minimum inheritance for children and the surviving spouse, safeguarding both lineage and economic security regardless of testamentary decisions.

Albania: The Family Law addresses historical gender disparities and strengthens the rights of surviving spouses, enhancing individual protection while maintaining the continuity of family assets.

Overall, marital property and inheritance laws in Kosovo extend beyond formal legal regulation. They shape socio-economic behavior, influence cultural understandings of family continuity, and reinforce the family as a central social institution, ensuring that both economic resources and social identity are transmitted across generations.

4.1. Case Studies and Hypothetical Examples

The practical effects of inheritance and matrimonial property laws are most effectively illustrated through documented and hypothetical cases, demonstrating how intra-family legal frameworks shape property distribution and safeguard the continuity of the family line (Scherpe 2016).

Kosovo: A representative family estate in Kosovo, reflecting a typical mid-range property value of approximately €120,000 (Kosovo Assembly 2010b), illustrates the application of inheritance and marital property laws. Under the Family Law and the Law on Registration of Immovable Property, the children receive equal shares, while the surviving spouse retains usufruct rights (Albanian Parliament 2003). This system ensures equality among heirs and preserves the family line by preventing assets from being distributed to non-legally recognized successors (Gashi et al. 2012). Empirical data indicate that approximately 65% of Kosovar families between 2015 and 2020 adhered to statutory property division, demonstrating widespread compliance with Articles 11–12 and 26–27 of the Law on Inheritance, which guarantees heirs’ equality, protection of the surviving spouse, and intergenerational wealth continuity (Kosovo Assembly 2004, 2010b).

Germany: Under the Bürgerliches Gesetzbuch (BGB §§1363–1370), statutory regulations are complemented by prenuptial agreements, allowing couples to tailor property distribution to specific circumstances. The legitime share ensures that no legal heir is disinherited, while prenuptial arrangements provide flexibility in ownership and inheritance (Kunz 2016). For example, a couple with two children may agree that marital property accumulated during marriage is divided proportionally between spouses, while each spouse’s inheritance remains separate property (Antokolskaia 2016). Approximately 70% of German marriages follow statutory property division, which protects heirs, maintains genealogical documentation, and ensures continuity of the family line (Scherpe 2016).

France: The communauté réduite aux acquêts system, together with the principle of réserve héréditaire, ensures equitable distribution of property acquired during marriage while protecting pre-marital or personal property (J. Dupont 2014a). For instance, a family owning two apartments and farmland would divide the apartments—acquired during marriage—among heirs, while the farmland could remain separate property under one spouse’s ownership (Scherpe 2016). Approximately 80% of French cases follow this system, reducing intra-generational conflict and preserving continuity of inheritance within the family line (Antokolskaia 2016).

Albania: Under Family Law No. 9062/2003, equitable property division between spouses and children promotes economic stability and family continuity (Albanian Parliament 2003; Berisha 2015). About 60% of Albanian families comply with statutory property division. For example, a family business and immovable property would be divided equally, ensuring equal inheritance and minimizing conflicts. Proper documentation under the law also facilitates genealogical tracking and preserves both material and symbolic heritage (Gashi et al. 2012; Kaser 2020).

Comparative Perspective: Across Kosovo, Germany, France, and Albania, a common principle emerges: the protection of heirs and the security of family property. Both empirical cases and hypothetical illustrations indicate that a clear legal foundation—supported by statutory inheritance principles and contractual agreements—is essential for preserving family lineage, maintaining intergenerational wealth, and fostering social cohesion (Ferrari 2020).

Integration of Empirical Data: These examples demonstrate that statutory frameworks not only regulate property division but also preserve family continuity, secure heirs’ rights, promote gender equality, and stabilize family units. Kosovo’s legal provisions, in particular, align broadly with international best practices; however, consistent implementation and public awareness are necessary to fully realize their genealogical and socio-economic potential (Vlahna et al. 2024).

4.2. Effects on Children and Heirs

This section analyzes how marital property and inheritance laws affect children and heirs, emphasizing their roles in ensuring legal equality and shaping social and gender dynamics within families. Understanding these effects highlights how inheritance practices impact family cohesion, intergenerational wealth transfer, and the preservation of lineage. Comparative examples from Germany, France, and Albania offer lessons for Kosovo on enhancing equity, reducing conflict, and strengthening family continuity.

Kosovo: Under the Family Law (Kosovo Assembly 2004), traditional gender inequalities that historically limited daughters’ inheritance rights and reinforced patriarchal family structures have been substantially reduced. The current legal framework guarantees that daughters are entitled to the same share of inheritance as sons (Kosovo Assembly 2004). This shift represents a transformation from a historically patriarchal society toward a modern legal system, incorporating international standards that promote gender equality, family cohesion, and intergenerational stability (Antokolskaia 2016).

Germany: The legitime share system under the BGB ensures that all children, regardless of gender or parental status—including children born out of wedlock—receive minimum statutory rights to family property (Kunz 2016). This mechanism prevents discriminatory practices and arbitrary exclusion, securing equitable inheritance distribution and reinforcing intergenerational wealth continuity (Scherpe 2017).

France: The principle of réserve héréditaire (Code Civil 1804) guarantees children a compulsory portion of the estate. This system safeguards inclusivity and gender equity while promoting family cohesion, reducing potential conflicts arising from unequal inheritance distribution.

Albania: Family Law No. 9062/2003 similarly ensures equal inheritance rights for children, addressing historical male preference in succession. By mandating equitable division, the law supports economic stability and helps preserve family wealth across generations (Albanian Parliament 2003; Gashi et al. 2012; Berisha 2015).

Comparative Perspective: Despite cultural and historical differences, Kosovo, Germany, France, and Albania converge toward a common standard that protects gender equality and guarantees equitable inheritance for all children (Antokolskaia 2016; Scherpe 2017; Berisha 2015). These legal frameworks not only align with international human rights norms but also contribute to broader social transformations by strengthening family lineage, preserving material and symbolic heritage, and reducing intergenerational conflicts (Glendon 1989).

4.3. Conflict Issues and Practical Difficulties

This section examines the practical challenges and conflicts arising in the implementation of marital property and inheritance laws. While legal frameworks are designed to ensure fairness and the continuity of family property, ambiguities, incomplete documentation, and inconsistent enforcement can lead to disputes among heirs and spouses. Analyzing these practical difficulties in Kosovo, with comparative insights from Germany, France, and Albania, highlights gaps, informs potential reforms, and identifies best practices for reducing conflicts and strengthening intergenerational stability.

Despite comprehensive legal frameworks, the practical application of marital property and inheritance laws often faces challenges. A major issue is ambiguity, incomplete documentation, or inconsistent record-keeping, which can lead to disputes over immovable property, interpretation of prenuptial agreements, or enforcement of statutory entitlements (Berisha 2015).

Kosovo: In practice, ambiguities in the Family Law and inadequately maintained property records frequently result in disputes between heirs and surviving spouses. Conflicts commonly arise from differing interpretations of legal entitlements, delays in property registration, or incomplete asset documentation (Kosovo Assembly 2004; Berisha 2015). These implementation gaps create legal uncertainty and may threaten family continuity and equitable inheritance distribution.

Germany: While statutory provisions, including the legitime share, provide protective mechanisms, challenges may emerge in the enforcement of prenuptial agreements. Improper documentation, unclear clauses, or misinterpretation of agreements can lead to disputes among heirs despite the statutory guarantees (Kunz 2016; Scherpe 2017).

France: Under the communauté réduite aux acquêts regime and the principle of réserve héréditaire, conflicts may arise when distinguishing between personal and marital property or ensuring compliance with forced heirship rules. Misinterpretation or incomplete records can complicate equitable inheritance distribution and provoke intra-family disagreements (J. Dupont 2014a)

Recommendations: Scholars and comparative experiences suggest several measures to mitigate these challenges:

• Transparent property registration: Establish comprehensive, accessible registries for immovable property to enhance clarity, reduce disputes, and provide legal certainty.
• Proper documentation of agreements: Ensure that prenuptial and property agreements are formally registered and specify the division and transfer of marital and personal assets.
• Legal literacy and awareness: Promote public understanding of marital property and inheritance rights, responsibilities, and procedures to prevent misunderstandings and improve compliance.

Addressing these practical difficulties strengthens the effectiveness of inheritance and marital property laws, reduces intergenerational conflicts, and preserves both family assets and lineage. Kosovo, by learning from German and French experiences in record-keeping and legal enforcement, can improve implementation and enhance the stability of family inheritance practices (Berisha 2015; J. Dupont 2014a; Kunz 2016).

4.4. Synthetic Conclusions

This section synthesizes the findings from normative laws, empirical cases, and illustrative examples to highlight the overarching role of marital property and inheritance regulations. By comparing Kosovo with Germany, France, and Albania, it becomes evident how legal frameworks collectively influence family cohesion, gender equality, and intergenerational continuity. Understanding these outcomes allows policymakers and scholars to identify areas for improvement and adopt best practices that can guide reforms in Kosovo.

The examination of normative laws, empirical cases, and hypothetical illustrations demonstrates the essential role of marital property and inheritance laws in preserving family lineage and safeguarding material heritage (Simon 2016). Comparative analysis across Kosovo, Germany, France, and Albania reveals several consistent outcomes:

• Equality of heirs: Legal frameworks ensure that children and surviving spouses receive equitable shares of property, promoting fairness and compliance with statutory provisions (Kunz 2016; J. Dupont 2014a; Albanian Parliament 2003). This equality is particularly significant in addressing historical gender biases and enhancing social cohesion within families.
• Preservation of family property: Property acquired during marriage generally remains within the family, maintaining economic stability and continuity of the family line. Legal protection ensures that assets are not dispersed outside the family, thereby safeguarding both material and symbolic heritage (Kunz 2016; Berisha 2015).
• Reduction in disputes: Clearly defined entitlements and statutory shares minimize the likelihood of contested claims among family members, reducing social tensions and potential inequalities (J. Dupont 2014a). Legal certainty in property division functions as a preventive mechanism against intergenerational conflict.
• Gender and social equity: Contemporary inheritance laws correct historical gender inequalities by guaranteeing equal rights for daughters and sons and protecting the surviving spouse. This alignment with international human rights standards reinforces broader social and economic stability within families (Kosovo Assembly 2004; Hasani 2018b).

Conclusion: Marital property and inheritance laws extend beyond the mere allocation of assets. They hold genealogical, social, and economic significance by:

• Ensuring family stability and continuity
• Safeguarding material heritage across generations
• Promoting gender equality
• Securing intergenerational wealth continuity

Through this comprehensive approach, legal instruments serve not only as mechanisms of property division but also as tools that sustain family cohesion, preserve lineage, and reinforce societal stability. Kosovo’s legal framework, aligned with international standards and informed by comparative experiences from Germany, France, and Albania, demonstrates that consistent implementation and legal clarity are crucial to achieving these outcomes (Berisha 2015; J. Dupont 2014a; Kunz 2016).

5. Discussion and Critical Reflection

This section critically reflects on Kosovo’s matrimonial property and inheritance laws, emphasizing their strengths, practical limitations, and socio-cultural significance. Comparative insights from Germany, France, and Albania highlight best practices that could guide potential reforms in Kosovo.

Strengths of Kosovo’s Legal Framework

Kosovo’s legislation provides a solid foundation for preserving family property and ensuring equality among heirs. The Family Law (Kosovo Assembly 2004) establishes rules for property division between spouses and children, aiming to maintain family lineage and intra-family stability. Complemented by the Law on Registration of Immovable Property (Kosovo Assembly 2010b), these laws enhance clarity in succession and asset management.

Practical Implementation Challenges

Despite comprehensive legislation, implementation faces challenges. Many properties remain historically unregistered, creating uncertainties and potential disputes among heirs (Van der Walt 2020; Scherpe 2016). Courts occasionally interpret family law inconsistently, particularly concerning complex or jointly owned property, which can result in unequal treatment of heirs (Veseli 2019).

Genealogical Importance

Property and inheritance laws are crucial for documenting family lines. Proper registration and asset records preserve material histories and strengthen intergenerational continuity. For instance, a representative family in Prishtina divided communal property—including land, apartments, and a small store—according to Family Law provisions, ensuring equal shares for children and usufruct rights for the surviving spouse, thus preserving the family line (Kosovo Assembly 2004; Van der Walt 2020; Berisha 2015).

Social and Gender Implications

Kosovo’s inheritance provisions have significant social and gender effects. Equal shares for daughters and sons mitigate historical inequities and promote women’s participation in family property management (Shala 2020). Advanced registration and genealogical documentation facilitate inheritance monitoring, promote fairness, and reinforce social cohesion (Veseli and Dema 2020a).

Comparative Perspectives and Lessons

• Germany: The BGB’s legitime share guarantees heirs minimum inheritance rights, protecting family continuity and reducing disputes. Prenuptial agreements provide flexibility while maintaining legal certainty (Kunz 2016; Scherpe 2017).
• France: The réserve héréditaire ensures compulsory shares for children and spouses, balancing testamentary freedom with the preservation of family property (J. Dupont 2014a).

Albania: Family Law reforms correct historical gender biases and promote equality in inheritance, offering a culturally relevant model for Kosovo (Gashi et al. 2012).

Recommendations for Kosovo

Adopting clear mechanisms from these jurisdictions can enhance Kosovo’s legal framework by:

• Promoting equitable inheritance among all heirs.
• Securing family property continuity and intergenerational wealth.
• Strengthening social and gender equity.
• Improving property registration, record-keeping, and judicial consistency.

Conclusion

Kosovo’s marital property and inheritance laws are fundamental for safeguarding family genealogies, material assets, and intergenerational equity. Effective implementation, coupled with lessons from Germany, France, and Albania, can strengthen family structures, ensure long-term stability, and reduce disputes. By integrating genealogical, social, and legal perspectives, Kosovo can achieve a coherent system that preserves lineage, promotes gender equality, and maintains family cohesion for future generations (Veseli and Dema 2020b; Antokolskaia 2016; Scherpe 2016; Van der Walt 2020).

6. Recommendations and Conclusions

6.1. Recommendations

Based on the comparative analysis of inheritance and matrimonial property laws in Kosovo, Germany, France, and Albania, the following recommendations are proposed to strengthen family lineage preservation, ensure equitable inheritance, and enhance socio-legal stability:

Enhancing Property Registration: An integrated, computerized property registration system should be established to improve documentation, monitoring, and transparency of family property. Clear legal provisions addressing unregistered property are essential to prevent intergenerational disputes and ensure legal certainty (Veseli and Dema 2020c).

Harmonization of the Legal Framework on Family Property Division: Legal policies and guidelines should be clarified to resolve ambiguities in family property and inheritance laws. Training programs for judges and legal practitioners can enhance understanding of the Family Law and alignment with international best practices, ensuring consistent judicial application (Berisha 2021).

Supporting Legal Literacy for Citizens: Public educational initiatives should inform families about their rights and responsibilities under matrimonial property and inheritance law. Promotion of prenuptial agreements and proper documentation can enhance family integrity and secure intergenerational property continuity (Kunz 2016).

Promoting Gender and Social Equity: Legal frameworks must continue to ensure equal inheritance rights for all heirs. Special attention should be given to empowering women in managing family property and rectifying historical inequalities, guaranteeing fair treatment of children and surviving spouses (Shala 2020).

Institutionalizing International Best Practices: Successful international practices, such as prenuptial agreements and formal property registration in Germany and France, should be adapted to Kosovo’s legal context. Comparative monitoring mechanisms can evaluate the effectiveness of laws in safeguarding family lineage and preventing property dispersal outside the family (Kunz 2016; J. Dupont 2014a).

Support for Genealogical and Social Studies: Property registers should be integrated with genealogical records to facilitate research on family structure and material heritage. Data collected in this way can contribute to international studies, enhancing understanding of the social and economic impacts of inheritance and property laws.

6.2. Conclusions

The analysis of matrimonial property and inheritance legislation in Kosovo demonstrates both progress and persistent challenges. The Law on Family (Kosovo Assembly 2004) and the Law on Registration of Immovable Property (Kosovo Assembly 2010b) promote inclusion of children and the surviving spouse, mitigating intergenerational disputes (Hasani 2018a). Nevertheless, insufficient property registration and inconsistent application of legal provisions can create ambiguities and risk dispersal of assets beyond the family line.

From a genealogical perspective, property documentation serves not only a legal function but also acts as a medium for retaining families’ material histories and facilitating genealogical research (Dema 2020). Empirical evidence indicates that when property is fully documented and managed according to statutory provisions, jointly acquired marital property is preserved across generations, safeguarding heirs’ rights and supporting family lineage continuity (Berisha 2021).

Legislation has also reinforced gender equality and social dimensions by empowering women and ensuring equal rights for children in inheritance and property management, addressing historical inequities (Shala 2020). Comparative experiences from Germany and France show that detailed property registration and prenuptial agreements are effective in preventing asset dispersion outside the family, thereby securing intergenerational continuity (Kunz 2016; J. Dupont 2014a).

Practically, harmonizing Kosovar laws with regional and international best practices, coupled with comprehensive property registration and enhanced public legal awareness, can strengthen both the stability and implementation of property and inheritance rights. Such measures are crucial for sustaining material inheritance and preserving family genealogies, producing significant social and legal benefits for Kosovo communities (Veseli and Dema 2020c).

In conclusion, matrimonial property and inheritance legislation in Kosovo functions not merely as a procedural framework, but as a fundamental mechanism for:

• Ensuring family longevity and continuity,
• Promoting gender equality, and
• Preserving material and historical heritage.

These laws provide a robust foundation for future policy and legal developments aimed at sustaining equitable asset distribution, intergenerational wealth, and the enduring stability of family structures (Veseli and Dema 2020c). Building on these established legal frameworks, Kosovo has the opportunity to further enhance its matrimonial property and inheritance system, ensuring greater equity, family continuity, and alignment with international best practices.