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The information to which detectives come performing their work for the clients about person who is
subject for whose data
and information are collected, often represent personal,
business, professional or other
secret of clients or entities. The detective is obliged to maintain the confidentiality of such data in accordance
with regulations on personal data protection and other regulations on data protection and they cannot submit
them to
other persons, than the client who concluded the contract for detective service.
According to the detective obligation to protect the interests of the persons for whom collects data
stipulated in the Law on Detective Activity, detective must not give information that is a trade secret of none
other than the client for whom he gathers data and information.
3.
DETECTIVE COLLECTION OF DATA AND INFORMATION FOR THE PURPOSES OF
PROCEEDINGS IN MARITAL RELATINSHIP
Marital relationships are established with concluding marriage. Concluding marriage is a procedure
prescribed by law to enter into a marriage community of two people of different sexes under conditions
determined by law. The procedure and conditions for marriage in the Republic of Macedonia are regulated
by the provisions of marriage contained in the Family Law
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. The requirements for marriage concluding in
the theory of family law are divided into two groups. The first group includes the essential conditions for
marriage concluding. Without these requirements practically marriage cannot be concluded. These
requirements are: the existence of persons of different sex, agreeable statement that persons want to get
married, consensual statement to be made before a competent state authority designated by law. In this
regard, under the Family Law, two persons of different sex with freely expressed will to the competent
authority can
enter into marriage, in the manner provided by law.
The second group includes the conditions for the validity of marriage. Non-compliance with any of
these conditions or circumstances is an obstacle that prevents marital marriage to be valid. These conditions
are: the age for concluding marriage (usually having maturity), lack of other marriage, lack of overt form of
mental illness and inability of reasoning and mental retardation (mental) development -IQ under 36), absence
of defects of the will (lock of marriage under duress or wrong), and there is no legally prescribed degree of
kinship.
Bearing in mind the limitations of information collection of personal and family life and health,
contained in article 14 of the Law on Detectives Activity, in the proceeding of marriage concluding,
detective can only collects data on gender, age of persons who want to get married and consent of the will of
the person regarding marriage, as well as data on the degree of kinship. In terms of collecting data for the
purposes of proceedings for divorce, according to the cited legal provision, the detective has more freedom.
So, he can collect information about the personal and family life of the other spouse and for his health, his
religious beliefs, his movement and residence after leaving the marriage and so on.
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Legally valid
marriages stop with divorce. But these marriages cease with the death of a spouse and the declaration of the
missing spouse as deceased. Taking in the sight, the detective can collect data for non-litigation proceeding
for declaring a missing person as dead and proof of death. Collection of data and information on the needs of
this proceeding, detective can be hired by the spouse. Besides it, for collection of data
and information in this
procedure, detective can be hired by the relatives or individuals - testament heirs of the missing person.
This procedure actually consists of two procedures. The first procedure is for declaring a missing
person dead and second procedure for proving death. In the proceeding for declaring a missing person dead,
court determines the facts and circumstances under which the person disappeared (armed conflict, flood,
earthquake, fire, etc...) If, based on the facts and circumstances it is indicated that there are legally
determined assumptions to be sure to decide to declare the missing person dead, the court shall make a
decision about it.
In the proceeding of proving death of person the court determines the facts and circumstances
regarding the existence of reliable assumptions that the person died because of suffering in armed conflict,
war, fire, flood, earthquake, etc. and make a decision on establishing the death of that person. In the decision
for proving the death, the date is stated that is proven as the day of the death of that person. If that is not
possible, as the day of death is considered the day when the person certainly did not survive. The nature of
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Official Gazette of the RM, No.153/14.
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According to Article 14 of the Law on Detectives Activity, detective must not collect data on personal and family life, health or
religious
beliefs of the people, unless it is grounds for divorce or refer a family member of the party.
Despite the existence of fault, one of the spouses can with lawsuit in litigation proceeding to seek divorce if the marriage is actually
stopped for more than one year (Article 41 of the Family Law).