THE INTERNATIONAL LAW CONTEXT OF MARRIAGE CONCLUDING IN KICHEVO

Abstract

This paper deals with the issue of marriage and the conclusion of marriage in a specific spatial (sociocultural) and temporal context Kicevo and Kicevo region 2024. The method used is a comparative analysis of practice according to local and international legislation, considering that a certain number of cases are analyzed in the research on the conclusion of marriages of people from Kicevo and the Kicevo region outside the borders of the state. Marriage is one of the most important social and legal institutions in society, which not only forms the family community but also provides a safe and secure legal framework for regulating the joint life of married partners. As such, marriage is not just one person or a personal decision, but a legal act that carries numerous legal and social consequences for individuals, their families, and society. In the Republic of North Macedonia, the Family Law defines the essence of the marriage relationship, the prerequisite for its conclusion, and the rights and obligations of the spouses, while the Law on Civil Registration determines the registration of marriages, women, and those who are outside the country. In an international context, the right to marry is considered a universal right. International instruments, such as the Universal Declaration of Human Rights (Article 16) and the European Convention on Human Rights (Article 12), preserve the right of persons to marry, regardless of their nationality. In Macedonian positive law, these principles are integrated: Family Law does not exclude foreigners from the right to marry, but the materials and form proposals apply to everyone. When it comes to issues of conflict of laws, which law is to be applied (the state of citizenship, residence or place of marriage), Macedonian private international law applies the connecting factor lex nationalis. This means that future spouses should read their spouses according to the law of their country of citizenship, and not according to the laws of the country where they will marry. Despite this, the application of foreign law can be limited through a public order clause if that law contains values that conflict with the basic principles of Macedonian law (e.g., allowing bigamy).
According to data from the Civil Registry Office, in 2024, 24 marriages were concluded in the Municipality of Kicevo (195 in the Kicevo office, 49 in Zajas), while 67 residents of Kicevo married abroad, which illustrates the importance of the large scope of the research.
In the law, the paper analyzes the legal framework of marital relations (legal norms, international aspects, points of collision) and the specific local application through the civil registry services in Kicevo, showing how the legal principles function in everyday practice. This allows for a critical assessment of the effectiveness of legal regulations, as well as possible suggestions for improving services, procedures, and presentations in accordance with international standards.