CIVIL LIABILITY IN FAMILY RELATIONSHIPS (THE ALBANIAN AND ITALIAN SYSTEMS)
CIVIL LIABILITY IN FAMILY RELATIONSHIPS (THE ALBANIAN AND ITALIAN SYSTEMS)

Summary/Abstract: This study explores civil liability within family relationships in Albania, positioning it as both a protective and compensatory legal mechanism for individuals who suffer harm due to violations of rights within the family unit. By analysing the intersection of general civil law principles with specific family law provisions, the paper highlights the legal and ethical complexities of regulating familial relationships, which are often marked by emotional intimacy, mutual dependence, and power asymmetries. The research adopts doctrinal, analytical, and comparative methodology. It examines key legal instruments, such as the Civil Code, the Family Code, and the Law on Measures Against Domestic Violence, alongside representative case law, to identify normative gaps, especially in the recognition and reparation of non-pecuniary harm. These include psychological abuse, emotional neglect, mismanagement of common property, and infringements on personal dignity. A comparative dimension is provided through an in-depth analysis of the Italian legal system, which offers a more developed framework for addressing intra-family harm1. Notable advancements include the recognition of existential damage, liability for the violation of affective ties, and procedural safeguards for vulnerable individuals. This comparative insight underscores the limitations of the Albanian system and provides a roadmap for potential legal reform. The study concludes that a more coherent and inclusive approach to civil liability in Albanian family law is necessary. It advocates legislative amendments, enhanced judicial interpretation, and alignment with European human rights standards to ensure more effective protection of individual rights within the family context

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