Legal Regulation of Women's Rights in Property and Inheritance in the Republic of Kosovo

This article aims to analyze the current state of legislation pertaining to the property and inheritance rights of women in Kosovo. The authors begin with an overview of codified norms regarding property and inheritance rights. This paper identifies “The Code of Leke Dukagjini” as the main source of customary law. The Code was created in the 15^th century but still impacts how legislation is applied. Under the Code, women had no inheritance rights and only had property rights to items necessary for survival. The authors then list international treaties pertaining to women’s property rights recognized by the Kosovan Constitution, including CEDAW and the UDHR. The article also notes that domestic legislation forbids gender discrimination in inheritance and property rights and presumes that spouses are joint owners of marital property. The authors conclude that written law holds that women have equal rights, but practical implementation remains flawed due to customs.

Note: The UN Interim Administration in Kosovo has not officially ratified any of the treaties mentioned by the authors according to the UN Treaty Body Database.