INSTITUTE OF OWNERSHIP IN THE POST-COMMUNIST REPUBLIC OF ALBANIA
INSTITUTE OF OWNERSHIP IN THE POST-COMMUNIST REPUBLIC OF ALBANIA

Summary/Abstract: Ownership as a genuine institute of civil rights in the Republic of Albania beganto be considered complete only after the change of political systems. Until this period,ownership was a fragmented and incomplete institute due to the fact of the existence of publicproperty, which was one of the principles of the ideology of the monist system. With thechange of the corpus of domestic legislation and the signing of international agreementsratified in civil law, the concept of private property will undergo a fundamental change. Buildinga civil code totally different from the existing one would bring about a different treatment ofprivate property. In the new code, private ownership would be of paramount importance bothfrom a doctrinal and practical point of view. The implementation of the legislation would be achallenge in itself which, in addition to the positive part, will also face issues that are still partof the law practices. The focus would be on restitution and compensation of property to formerowners but at the same time the private property institute would address in itself the new waysof acquiring probationary property, property protection and everything else related to thisinstitute of which is considered a fundamental right by the Constitution of the Republic ofAlbania and the European Convention on Human Rights.

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