RENUNCIATION OF INHERITANCE BY KOSOVAR WOMEN: DESIRE OR INJUSTICE? A CASE LAW PERSPECTIVE

Abstract

Background:
The right to inherit is one of the rights guaranteed by the Constitution and legal

provisions. Every citizen is entitled to this privilege without exception. Even though this right

is protected by the Constitution, barely 23% of women in Kosovo are officially registered as

heirs. When women exercise their right to refuse inheritance, they mostly give up that privilege

in favour of male heirs. Unquestionably, customary law impacts this choice.

Influenced by religious and customary rights that stipulate that men are entitled to inherit,

women prefer to give up their claim to inherit, which accounts for the low percentage of female

heirs. Despite the fact that the right of inheritance is regulated by law under the principle of

equality, the real situation shows something else.

This article will analyse inheritance law and the influence of customary law, which has led

many women to forfeit their rights. This issue discriminates against Kosovar women, denying

them their rightful inheritance. These analyses will determine whether customary law or other

factors have impacted Kosovar women's unequal inheritance rights compared to men.

Ultimately, it raises the question: are these women victims of injustice, or have they freely

decided to give up their inheritance?

Methods:
In this paper, several methods were employed to reach a conclusion, including

analytical, comparative, historical and normative approaches. The analytical method was used

to examine the phenomenon of women renouncing their inheritance rights and the judicial

decisions where women have given up their right of inheritance. The normative method

examined the legal provisions that directly regulated the right to renounce the inheritance. The

historical method played a crucial role in illustrating the evolution of inheritance rights and

its influence on women's contemporary perspectives. Finally, the comparative method

facilitated a comparison of the legal regulation of inheritance rights in Kosovo with those in

other countries in the region.

Results and Conclusions:
In legal terms, the right of inheritance treats all heirs equally,

regardless of gender, but in practice, a very low percentage of women inherit, mostly giving this

right to male heirs. Many factors have influenced this result, such as the influence of customary

law and religious law, but also the low number of employed women. After analysing this matter,

it was seen that the main solution is to raise awareness among women that all heirs are equal,

regardless of gender, ensuring the law is applied fairly to all heirs. To address the reduction of

women renouncing their inheritance, several legal changes are recommended. One such change

is requiring the declaration of renunciation of inheritance to be made before a notary and

registered in court to determine legal deadlines. Additionally, the reasons for renouncing

inheritance should be explicitly stated within the set timeframe.

A more radical measure that would ensure that women do not renounce their rightful

inheritance according to the law, and in this way, they would be free from the influences of

society, is to change the law by removing the right to renounce the inheritance. Thus, all legal

heirs would be forced to accept the inheritance due to them by law.