Codification of the civil law in the Republic of Macedonia

Abstract

This paper analyses the process of codification in Europe in 19th century and its influence on the codification of civil law in post-socialistic countries. In light of the analysis of the codification process in post-socialistic countries, the paper puts the accent on the ongoing process of codification of the civil law in Republic of Macedonia. The idea for codification of Macedonian civil law was introduced for the first time in a project prepared by the Ministry of justice in 2009. However, the first official activities in regard of the codification started in 2011 when a Commission for drafting the Civil Code of Republic of Macedonia was instated by decision of the Government of the Republic of Macedonia. During 2012 the Commission held a meeting where the main point of discussion was the systematization and content of the Civil Code. It was concluded that the pandect system should be accepted regarding the draft of the code. After the meetings separate working groups started with the preparation (the draft) of three parts of the code - property, obligations and succession. At the moment the process of drafting the property law is still ongoing.

Keywords

• civil law
• civil codes
• codification
• obligations
• property law
• successions