11 THE ITALIAN LAW JOURNAL NO. 2 (2025)

 

Prenuptial Agreements and Evidence in Civil Proceedings: The Albanian Experience in Comparative European Context (Germany, Italy, and France)

by Brunela Kullolli

This study aimed to examine and compare the specific features of proving prenuptial agreement terms in civil proceedings, focussing on Albania and assessing how it aligns with European legal standards by comparing it to Germany, Italy, and France. The study employed a comprehensive approach that combines comparative legal analysis of legislation, analysis of court practice, and statistical data. The findings of the study showed that Albanian legislation, albeit prescribing a mandatory written form of a prenuptial agreement, demonstrates flexibility in the admissibility of evidence, allowing, apart from the written text of the agreement, for such evidence as correspondence between the parties, witness statements, audio and video recordings. This distinguishes the Albanian approach from the more formalised systems of Germany and France, where the principal evidence is a notarised agreement. The Italian approach is intermediate, combining formalisation requirements with some flexibility in terms of admissibility of evidence. The conclusions of the study suggest that the flexibility of the Albanian system of evidence enables the court to more fully establish the circumstances of the case and protect the rights of the parties, considering the diversity of life situations. At the same time, it is necessary to develop clear criteria for the admissibility and evaluation of supplementary evidence, as well as procedural safeguards to prevent abuse and ensure the reliability of evidence. The harmonisation of legal provisions of European countries in the field of family law will help to ensure legal certainty and predictability for participants in family relations.

DOI 10.23815/2421-2156.ITALJ           ISSN 2421-2156

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