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Civil Code

In the context of completing the legal infrastructure in the field of justice, one of the basic priorities of the Ministry of Justice is the codification of the civil law in substance.

The commission for drafting the Civil Code (State Commission), established by the Decision no. 09/18, dated 11.03.2015, in cooperation with the EU project “Support to the Civil Code property rights” that began on 1 July 2014 and lasted for 24 months, has taken initial steps towards the codification of the civil law field.

The aim of this project was to strengthen the rule of law in Kosovo, in particular to support the Republic of Kosovo in drafting the modern Civil Code in accordance with the EU Acquis,

and the improvement of the legal framework, including obligations law, property law, family law and inheritance law.

During the 24 working months of this project, in cooperation with the State Commission, which was headed by the former Minister of Justice, Prof. Dr. Hajredin Kuçi, the following activities have been implemented:

The collection of relevant laws, the assessment of the impact of existing legislation in areas related to the civil code, and the development of a general draft plan for drafting the Civil Code of the Republic of Kosovo in order to identify the necessary amendments and supplements.

As a result of these activities, a draft of the Civil Code of the Republic of Kosovo has been drafted and shall serve as the initial draft in the process of consultations with relevant stakeholders.

By the Decision no. 10/115 dated 09.11.2016, the Government authorized the Ministry of Justice to proceed with the finalization of the Civil Code. Pursuant to the decision of the Government, the Ministry of Justice by the Decision no. 182/2016 dated 28.12.2016 established the Working Group for leading and coordinating the process of drafting and finalizing the Civil Code.

As part of the working group, 4 thematic subgroups have been established:

  •  The thematic subgroup for drafting the General Part of the Obligations Law;
  •  The thematic subgroup for drafting the Property Law and other Real Law;
  •  The thematic subgroup for drafting the Family Law and the Inheritance Law; and
  •  The thematic subgroup for drafting the Private International Law.

For the process of drafting the Draft-Civil Code of the Republic of Kosovo to be as transparent and inclusive as possible, the Ministry of Justice, through this website, offers all stakeholders the opportunity to have access to documents and projects prepared and discussed during the drafting of the civil code. This website shall also inform them about the process of public consultations and the results thereof.