Codification and Legal Sources in the Albanian Legal System: Comparative Approach to Legal Systems
Journal Title: Academicus - International Scientific Journal - Year 2018, Vol 9, Issue 17
Abstract
The civil law system entered the codification path during the 19th century, enabling the creation of uniformity, such as drafting a civil code and building a new (national) identity. The structure of the code suggests that it provides a comprehensive, internally coherent set of rules for private law. The adopted civil codes secure lawyers a systematic and coherent foundation for the legal system and legal reasoning. Codification allowed laws to be in an easily identified document easily. Traditionally, the civil law system has been subject to several codification and consolidation processes during different periods in time, influenced from political, social or economic reforms. In Albania after the proclamation of the Monarchy, work began on the preparation of various codes, with the crucial one being the Civil Code. The first Albanian Civil Code entered in force on the 1st of April 1929. This process was the first step for the Albanian Legislator to compare the secularity of the European legal framework to that of the Ottoman Empire. In 1991, the end of the communist era in Albania was marked by bringing the transformation of the economy into a market-oriented system and the creation of a legal system that protected the right of private property. The Albanian system as a continental system has developed a system based on systematic approach to laws, a procedure known as dogmatic approach. It has created an internal system of laws based on generally codified norms and principles. The purpose of this paper is to explain the impact of political, social or economic reforms in the codification process and the nature of legal sources in Albania.
Authors and Affiliations
Enkeleda Olldashi
Investment projects - Their role in the sustainable economic development
Characteristic of “sustainable development” is in the “recognition” of the environment as an element, outside of which cannot be thought of overall development of a society. In this article will be treated the rehabilita...
The juridical nature of the European Court of Justice and the principles of its activity
The European Union is a reality closer and closer for Albania as well. The status Albania obtained as a candidate country, not only means a step forward towards the European Union, but it also sets forth a number of chal...
Open Assessment of Proofs in Litigation
The key of existence and success in all domains of life to the entity of justice is the thorough compliance to the truth and justice. Therefore when a certain right is violated, liable or challenged entrusted to solve th...
Codification and Legal Sources in the Albanian Legal System: Comparative Approach to Legal Systems
The civil law system entered the codification path during the 19th century, enabling the creation of uniformity, such as drafting a civil code and building a new (national) identity. The structure of the code suggests th...
Sacred and Profane. Essential ambiguity and vital necessity of the Sacred.
In a situation in which the market economy is regarded as so important and decisive as to induce the emergence of a market society, the notion of the «sacred» becomes essential. The market is perfectly legitimate as a fo...