Codification and Legal Sources in the Albanian Legal System: Comparative Approach to Legal Systems
Codification and Legal Sources in the Albanian Legal System: Comparative Approach to Legal Systems

Summary/Abstract: The civil law system entered the codification path during the 19th century, enablingthe 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, internallycoherent set of rules for private law. The adopted civil codes secure lawyers a systematicand coherent foundation for the legal system and legal reasoning. Codification allowedlaws to be in an easily identified document easily. Traditionally, the civil law systemhas been subject to several codification and consolidation processes during differentperiods in time, influenced from political, social or economic reforms.In Albania after the proclamation of the Monarchy, work began on the preparationof various codes, with the crucial one being the Civil Code. The first Albanian CivilCode entered in force on the 1st of April 1929. This process was the first step for theAlbanian Legislator to compare the secularity of the European legal framework to thatof the Ottoman Empire. In 1991, the end of the communist era in Albania was markedby bringing the transformation of the economy into a market-oriented system and thecreation of a legal system that protected the right of private property. The Albaniansystem as a continental system has developed a system based on systematic approachto laws, a procedure known as dogmatic approach. It has created an internal systemof laws based on generally codified norms and principles.

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