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Introduction of Albanian property law

SKU: 7821032210
Autore:
Venditti Carlo - Picaro Raffaele - Veshi Denard
Collana:

"Dipartimento di Giurisprudenza dell'Università degli Studi della Campania Luigi Vanvitelli" 
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42,00 €
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Since the 1990s, after the collapse of the communist regime, Albania has aimed to introduce democratic values into its legislation. This process can come to fruition only by the recognition and general protection of private property. As a result, a new Civil Code was enacted at the beginning of the 1990s through intensive collaboration between Albanian and foreign scholars. Book II of the Albanian Civil Code of 1994 highlights the importance of private property. This book fills the gap in the national and international scientific literature since there is no scientific contribution written in English that examines the development of the Albanian law of property showing the similarities and differences between the Albanian and the Italian civil codes. Another novelty rests on its identification of the rules of the Albanian Civil Codes of 1929 and of 1982 that regulate the various legal institutional parts of the property law. Furthermore, this research summarizes the EU impact on Albanian property law by examining the differences between the legal institutions established at the supranational level such as Dir. 2014/60/EU, Dir. 2008/122/EC, Dir. 1346/2000/EC, and Reg. 2015/848 with the current Albanian system. In the conclusions, this research demonstrates that the Albanian law of property of 1994 is similar, sometimes identical, to the rules established in the Italian Civil Code of 1942, considered as the main reference model in the light of the Roman tradition. The volume is the first useful research to start knowledge of the Albanian system of civil law for the benefit of university students as well. Key-words: Book II of the Albanian Civil Code, Book III of the Italian Civil Code, EU Property Law, Right to Private Property, Roman Property Law.

Indice

Chapter I - The Meaning and Content of the Right to Property, Fiona Kuqi, Enkelejda Koka
I. Introduction
II. The Meaning of the Right to Property
III. The Characteristics of Ownership
IV. The Elements of ownership
1. The Subject of Ownership
2. The Rights of the Owner
3. The Limitations of Ownership
i. The Limitations of Ownership for Public Interest: Expropriation
ii. The Limitations of Ownership for Public Interest: Temporary Possession
iii. The Limitations of Ownership for Private Interest: the Case of Good Neighbor Relations
V. Conclusion


Chapter II - Classification of Goods, Raffaele Picaro
I. Introduction
II. Movable and Immovable Goods
1. The Importance of this Classification
2. Registration of Immovable Goods
III. Main and Accessory Goods
IV. Goods defined Individually and Goods defined in Category
V. Divisible and Indivisible Goods
VI. Goods Free Inside and Outside Civil Circulation
VII. Consumable and Inconsumable Goods
VIII. Public Goods and Private Goods
IX. Tangible Goods and Immaterial Goods
X. Simple Goods and the Universality of Goods
XI. Conclusion

Chapter III - Ownership Acquisition, Carlo Venditti
I. Introduction
II. Ownership Acquisition by Contract
III. Ownership Acquisition by Inheritance
IV. Ownership Acquisition in Good Faith of Movable Goods
V. Ownership Acquisition through Gaining Prescription (Usucapio)
VI. Ownership Acquisition for Goods Without an Owner
VII. Ownership Acquisition by Unification
1. Acquisition of Ownership by Accessio of Movable with Immovable Goods
2. Ownership Acquisition by Accessio Between Movable Goods
3. Ownership Acquisition by Accessio Between Immovable Goods
VIII. Ownership Acquisition by Elaboration
IX. Ownership Acquisition of Lost and Found Goods
1. Acquisition of Ownership for Goods Found
2. Acquisition of Ownership of Treasures
3. Acquisition of Ownership of Goods with Cultural Value
X. Ownership Acquisition through Invasion
XI. Ownership Acquisition over of the Fruits of an Object
XII. Loss of Ownership
XIII. Conclusion


Chapter IV - Servitudes of people, Emila Hoxha, Bashkim Kuka, Denard Veshi
I. Introduction
II. Usufruct
1. Rights and Obligations of the Usufructuary
2. Rights and Obligations of the Naked Owner
3. Termination of the Usufruct
III. Use and Inhabitation
IV. Conclusion


Chapter V - Servitudes of things, Xhesika Serjani, Rea Ajazi, Denard Veshi
I. Introduction
II. Servitudes of Things: General Principles and their Classification
III. The Creation of Praedial Servitudes
IV. Legal Praedial Servitudes
1. Natural Praedial Servitudes
2. Legal Praedial Servitudes in a Narrow Sense
V. Ternination of Praedial Servitudes
VI. Conclusion

Chapter VI - Co-ownership, Maksim R. Haxhia
I. Introduction
II. Motives of Co-Ownership
III. Co-Ownership by Defined Shares: the Rights and Obligations of the Co-Owners
IV. Co-Ownership by Defined Shares: the Administration of the Joint Object
V. Co-Ownership by Defined Shares: the Right of First Refusal and the Right of the Creditors
VI. Co-Ownership by Defined Shares: the Division of the Joint Object
VII. Co-Ownership in its Entirety: Obligatory Co-Ownership
1. Obligatory Co-Ownership: The Administration of Joint Goods
2. Obligatory Co-Ownership: The Rights and Obligations of Co-Owners
VIII. Co-Ownership in Its Entirety: Co-Ownership between the Members of an Agricultural Family
IX. Co-Ownership in Its Entirety: Community Property
X. Conclusio


Chapter VII - Possession, Enida Rrapaj
I. Introduction
II. The Meaning of Possession
III. The Types of Possession
IV. The Means of Possession Acquisition
V. The Protection of Possession
VI. Conclusion


Chapter VIII - Protection of Property, Ervin Pupe
I. Introduction
II. The Meaning and the Importance of the Right to Property
III. The Lawsuit for Demanding an Object
IV. The Denying Lawsuit
V. The Denouncement of New Labor Construction and Possible Damages
VI. The Lawsuit to Clarify Boundaries
VII. Conclusion
Conclusions, Denard Veshi
Annex 1, Similarities between Book II of the Albanian Civil Code of 1994 and Book III of the Italian Civil Code of 1942, Carlo Venditti, Raffaele Picaro, Denard Veshi
Annex 2, Similarities between Roman Legal Concepts and the Albanian Property Law, Carlo Venditti, Raffaele Picaro, Ervin Pupe
Annex 3, Albanian Civil Code - Book II - English version, Carlo Venditti, Raffaele Picaro, Ervin Pupe
Note on the Editors and the Authors