- CIVIL CODE OF THE REPUBLIC OF ALBANIA
- OUTLINE OF CONTENTS
- PART I General Part
- TITLE I A Subjects of The Civil Rights
- CHAPTER I PHYSICAL PERSONS
- CHAPTER II JURIDICAL PERSONS
- A. General Provisions
- B. Associations
- FOUNDATIONS
- TITLE II Α REPRESENTATION
- TITLE III LEGAL TRANSATIONS
- CHAPTER III In validity of legal transactions
- TITLE IV PRESCRIPTION OF ACTION AND DECADENCE OF RIGHTS
- PART TWO "OBJECTS AND OWNERSHIP"
- TITLE I OBJECTS
- TITLE II "OWNERSHIP"
- TITLE III CO-OWNERSHIP
- TITLE IV Α USUFRUCT
- TITLE V USE AND ABITATION
- TITLE VI GENERAL PROVISIONS
- TITLE VII PROTECTION OF OWNERSHIP
- CHAPTER I GENERAL PROVISIONS
- CHAPTER II THE PROTECTION OF POSSESSION AND MAINTENANCE
- PART III
- PART IV OBLIGATIONS
- TITLE I GENERAL PROVISIONS≅
- TITLE II THE EXECUTION AND THE LIQUIDATION OF THE OBLIGATIONS
- TITLE IV OBLIGATIONS RESULTING FROM THE CAUSING OF DAMAGE
CIVIL CODE OF THE REPUBLIC OF ALBANIA
OUTLINE OF CONTENTS
FIRST PART
BOOK ONE - General Part
Title 1 Subjects ( persons/entities affected) Chap I Natural Persons (Articles 1-23) Chap II Legal Entities (24-63)
Title 2 Representation (Agency) Chap I Agency Relationships - Types (64-78)
Title 3 Legal Transactions (Contracts) (79-111)
Title 4 Prescription (Laches, Statutes of Limitations, Adverse Possession) (112-140)
SECOND PART (Pjesa e Dyte)
BOOK TWO - Ownership and Property
Title 1 Definitions of Property (141-148)
- Immovable and Movable Property
- Natural power resources
- Rights relating to immovable and movable property
- Registration (recording) of property title
- Fixtures (appurtenances) - definition
- Fixtures - transactions in
7. Property to be severed from Realty
"natural fruits" = goods
"civil fruits" = rents
8. Ownership of property severed from Realty
Title 2 Ownership (149-198) Chap I General Provisions (149-161)
-use and enjoyment
-who may own -not to harm others
-taking for public use
-surface subsurface and air rights
Chap II Acquisition and Loss of Ownership (162-191)
Chap III Registration of Real Estate (192-198)
Title 3 Co-ownership (199-231) Chap I Partial co-ownership (199-208) Chap II Complete co-ownership (209-231)
Title 4 Usufruct (Rights to beneficial possessions of non-owned property) (232Chap I General Provisions (232-236) Chap II Rights of Parties (237-245) Chap III Obligations of Parties (246-254) Chap IV Termination
Title 5 Usage and Habitation Rights (539) (family needs and dwelling)
Title 6 Servitudes (Easements) (539-544) Chap I General Provisions (539) Chap II Compulsory Servitudes (539-542) Chap III Voluntary Servitudes (542-543) Chap IV Operation and Protection of Servitudes (543-544) Chap V Extinguishment of servitudes (544)
Title 7 Remedies for ownership (544-546)
Title 8 Beneficial Possession (546-548) Chap I General Provisions (546-547) Chap II Remedies for Beneficial Possession and Maintenance (547-548)
THIRD PART (Pjesa e Trete)
BOOK THREE - Inheritance
Title 1 General Provisions (548-554)
Title 2 Intestacy (554-555)
Title 3 Testamentary Dispositions (556-562) FOURTH PART (Pjesa e Katert)
BOOK FOUR - Obligations
Title 1 General Provisions (562-568) Chap I Definition and Creation of obligations (562-563) Chap II Joint Obligations (563-565) Chap III Alternative Obligations (565-566) Chap IV Divisible and Indivisible Obligations (566-567) Chap V Pecuniary Obligations (567-568)
Title 2 Performance and Satisfaction of Obligations Chap I Performance of obligations (568-571) Chap II Effect of Non-Performance of obligations (571-574) Chap III Assignment and subrogation (575-576) Chap IV Satisfaction of obligation (576-579)
Title 3 Remedies for Non-Performance Chap I General Provision (579-581) Chap II Penalty Clauses (581) Chap III Pledges (581-583) Chap IV Mortgages Chap V Suretyship (guarantees) Chap VI Creditois Remedies
Title 4 Torts Chap I General Provisions Chap II Product Liability Chap III Damages
Title 5 Managements of the Affairs of Others
Title 6 Payments by Mistake
Title 7 Unjust Enrichment
FIFTH PART (Pjesa e peste)
BOOK FIVE - Contracts
Title 1 Contracts in General
Chap I General Provisions
(definition and requirements for contractual validity)
Chap II Interpretation of Contracts
Chap III Binding Effects of Contracts
Title 2 Types of Contracts
Chap I Sales
Chap II Barter
Chap III Gifts
Chap IV Requirements (Supply)
Chap V Emphyteusis (Enfiteoza) Landed Estate Leases
Chap VI Leases
Chap VII Personal Service Contracts
Chap VIII Transportation
Chap IX Borrowing/Lending
Chap X Powers of Attorney
Chap XI Undisclosed Principals
Chap XII Freight Agents
Chap XIII Agency
Chap XIV Composition Agreements/Creditors
Chap XV Brokers
Chap XVI Bailments
Chap XVII Account stated
Chap XVIII Bank Deposits (cash or securities)
Chap XIX Loan agreements
Chap XX Amuity Contracts
Chap XXI Franchising
Chap XXII Simple Partnerships
Based on article 16 of law No. 7491 date 29.04.1991 “For the Main Constitutional Provisions , with the proposal of Council of Ministers. THE PEOPLE’S ASSEMBLY OF THE REPUBLIC OF ALBANIA DECIDED: PART I GENERAL PART TITLE I
SUBJECTS OF THE CIVIL RIGHTS CHAPTER I
PHYSICAL PERSONS
A. Juridical Capacity
Article 1
Every physical person enjoys full and equal capacity in order to have civil rights and obligations, within the limits defined by the law.
Article 2
Juridical capacity is acquired at the time the person is born alive and ends with his death. When the child is born alive, it enjoys judicial capacity from the time of the pregnancy.
Article 3
The foreigners acquire the same rights and obligations as those recognized to the Albanian citizens, besides exceptions provided by the law.
Article 4
Civil rights of a physical person can not be limited, except exclusions provided by law. The juridical action that places limits to the legal capacity of a physical person is invalid.
B. The right of name
Article 5
Every physical person has the right and obligation to have his name and surname, which are put according to the law. The person, to whom their use is negated or intruded by the unjust use the others made of his name, may demand from the court the use of his name or surname, end of the intrusion and re-compensation of the respective damages made to him.
This demand may be represented even from persons who although do not keep the name or surname which is intruded or unjustly used, have familiar interests worthy to be protected.
The court, when accepts the suit, orders the publication of the decision in the Official Gazette. Upon the request of the plaintiff, the court may order the publication of its decision even in other newspapers. The pseudonym used by the physical persons enjoys the same protection.
C. The capacity to act
Article 6
The person who reaches eighteen years old wins the full rights so that by his acts he gains rights and holds civil obligations.
The full capacity to act is gained through marriage by the wife who has not reached the age of eighteen years. She does not loose this capacity even when the marriage is declared invalid or divorced before reaching the age of eighteen years old.
Article 7
The infant, who has not reached fourteen years old, can perform legal actions by the previous approval of his or her legal representative. However, he can be member of social organization, posses everything he gains by his work, to deposit his savings and to posses these deposits himself.
Article 8
The infant, who has not reached fourteen years old, has no capacity to act. He can perform legal transactions that are suitable for his age and are fulfilled at instance, as well as legal transactions that bring benefits without any compensation. Other juridical transactions are performed on his behalf by his legal representative.
Article 9
The infant of fourteen to eighteen years who is unable to carry out his own affairs because of psychic diseases or mental illness is deprived of the capacity to perform legal transactions a
court decision. These transactions can be performed through his legal representative.
Article 10
The full of age person who completely or partly has not the capacity to care for his own affairs because of a physic disease or mental illness can be deprived of or there can be placed limits to the capacity to perform legal transactions by the decision of court.
Article 11
The juridical transaction that limits the capacity to act is not valid.
C. Residence and Reside-place
Article 12
Habitation is the place where a person because of his work or permanent service, his property assent or fulfillment of his interests, stays usually or for the most pert of the time.
Every full of age person has the right to decide freely for his residence. The person can not possess at the same time more than one residence. This provision is not applied for the residence of the activity of a businessman.
Article 13
The infant who has not reached the age of fourteen years has for residence that of his parents.
When parents possess several residences, their child under fourteen years has for residence the one of the parent he lives with.
The person to whom capacity to act is deprived and the children are under patronage, the last ones have for residence that of their legal representative.
Article 14
The residing place is the place where the person performs a work or other defined duties, to attend a respective school or course, to be given health care, to suffer a criminal sentence and other cases of this nature.
D. The announcement of disappearance and the death of a person.
Article 15
OUTLINE OF CONTENTS
FIRST PART
BOOK ONE - General Part
Title 1 Subjects ( persons/entities affected) Chap I Natural Persons (Articles 1-23) Chap II Legal Entities (24-63)
Title 2 Representation (Agency) Chap I Agency Relationships - Types (64-78)
Title 3 Legal Transactions (Contracts) (79-111)
Title 4 Prescription (Laches, Statutes of Limitations, Adverse Possession) (112-140)
SECOND PART (Pjesa e Dyte)
BOOK TWO - Ownership and Property
Title 1 Definitions of Property (141-148)
- Immovable and Movable Property
- Natural power resources
- Rights relating to immovable and movable property
- Registration (recording) of property title
- Fixtures (appurtenances) - definition
- Fixtures - transactions in
7. Property to be severed from Realty
"natural fruits" = goods
"civil fruits" = rents
8. Ownership of property severed from Realty
Title 2 Ownership (149-198) Chap I General Provisions (149-161)
-use and enjoyment
-who may own -not to harm others
-taking for public use
-surface subsurface and air rights
Chap II Acquisition and Loss of Ownership (162-191)
Chap III Registration of Real Estate (192-198)
Title 3 Co-ownership (199-231) Chap I Partial co-ownership (199-208) Chap II Complete co-ownership (209-231)
Title 4 Usufruct (Rights to beneficial possessions of non-owned property) (232Chap I General Provisions (232-236) Chap II Rights of Parties (237-245) Chap III Obligations of Parties (246-254) Chap IV Termination
Title 5 Usage and Habitation Rights (539) (family needs and dwelling)
Title 6 Servitudes (Easements) (539-544) Chap I General Provisions (539) Chap II Compulsory Servitudes (539-542) Chap III Voluntary Servitudes (542-543) Chap IV Operation and Protection of Servitudes (543-544) Chap V Extinguishment of servitudes (544)
Title 7 Remedies for ownership (544-546)
Title 8 Beneficial Possession (546-548) Chap I General Provisions (546-547) Chap II Remedies for Beneficial Possession and Maintenance (547-548)
THIRD PART (Pjesa e Trete)
BOOK THREE - Inheritance
Title 1 General Provisions (548-554)
Title 2 Intestacy (554-555)
Title 3 Testamentary Dispositions (556-562) FOURTH PART (Pjesa e Katert)
BOOK FOUR - Obligations
Title 1 General Provisions (562-568) Chap I Definition and Creation of obligations (562-563) Chap II Joint Obligations (563-565) Chap III Alternative Obligations (565-566) Chap IV Divisible and Indivisible Obligations (566-567) Chap V Pecuniary Obligations (567-568)
Title 2 Performance and Satisfaction of Obligations Chap I Performance of obligations (568-571) Chap II Effect of Non-Performance of obligations (571-574) Chap III Assignment and subrogation (575-576) Chap IV Satisfaction of obligation (576-579)
Title 3 Remedies for Non-Performance Chap I General Provision (579-581) Chap II Penalty Clauses (581) Chap III Pledges (581-583) Chap IV Mortgages Chap V Suretyship (guarantees) Chap VI Creditois Remedies
Title 4 Torts Chap I General Provisions Chap II Product Liability Chap III Damages
Title 5 Managements of the Affairs of Others
Title 6 Payments by Mistake
Title 7 Unjust Enrichment
FIFTH PART (Pjesa e peste)
BOOK FIVE - Contracts
Title 1 Contracts in General
Chap I General Provisions
(definition and requirements for contractual validity)
Chap II Interpretation of Contracts
Chap III Binding Effects of Contracts
Title 2 Types of Contracts
Chap I Sales
Chap II Barter
Chap III Gifts
Chap IV Requirements (Supply)
Chap V Emphyteusis (Enfiteoza) Landed Estate Leases
Chap VI Leases
Chap VII Personal Service Contracts
Chap VIII Transportation
Chap IX Borrowing/Lending
Chap X Powers of Attorney
Chap XI Undisclosed Principals
Chap XII Freight Agents
Chap XIII Agency
Chap XIV Composition Agreements/Creditors
Chap XV Brokers
Chap XVI Bailments
Chap XVII Account stated
Chap XVIII Bank Deposits (cash or securities)
Chap XIX Loan agreements
Chap XX Amuity Contracts
Chap XXI Franchising
Chap XXII Simple Partnerships
Based on article 16 of law No. 7491 date 29.04.1991 “For the Main Constitutional Provisions , with the proposal of Council of Ministers. THE PEOPLE’S ASSEMBLY OF THE REPUBLIC OF ALBANIA DECIDED: PART I GENERAL PART TITLE I
SUBJECTS OF THE CIVIL RIGHTS CHAPTER I
PHYSICAL PERSONS
A. Juridical Capacity
Article 1
Every physical person enjoys full and equal capacity in order to have civil rights and obligations, within the limits defined by the law.
Article 2
Juridical capacity is acquired at the time the person is born alive and ends with his death. When the child is born alive, it enjoys judicial capacity from the time of the pregnancy.
Article 3
The foreigners acquire the same rights and obligations as those recognized to the Albanian citizens, besides exceptions provided by the law.
Article 4
Civil rights of a physical person can not be limited, except exclusions provided by law. The juridical action that places limits to the legal capacity of a physical person is invalid.
B. The right of name
Article 5
Every physical person has the right and obligation to have his name and surname, which are put according to the law. The person, to whom their use is negated or intruded by the unjust use the others made of his name, may demand from the court the use of his name or surname, end of the intrusion and re-compensation of the respective damages made to him.
This demand may be represented even from persons who although do not keep the name or surname which is intruded or unjustly used, have familiar interests worthy to be protected.
The court, when accepts the suit, orders the publication of the decision in the Official Gazette. Upon the request of the plaintiff, the court may order the publication of its decision even in other newspapers. The pseudonym used by the physical persons enjoys the same protection.
C. The capacity to act
Article 6
The person who reaches eighteen years old wins the full rights so that by his acts he gains rights and holds civil obligations.
The full capacity to act is gained through marriage by the wife who has not reached the age of eighteen years. She does not loose this capacity even when the marriage is declared invalid or divorced before reaching the age of eighteen years old.
Article 7
The infant, who has not reached fourteen years old, can perform legal actions by the previous approval of his or her legal representative. However, he can be member of social organization, posses everything he gains by his work, to deposit his savings and to posses these deposits himself.
Article 8
The infant, who has not reached fourteen years old, has no capacity to act. He can perform legal transactions that are suitable for his age and are fulfilled at instance, as well as legal transactions that bring benefits without any compensation. Other juridical transactions are performed on his behalf by his legal representative.
Article 9
The infant of fourteen to eighteen years who is unable to carry out his own affairs because of psychic diseases or mental illness is deprived of the capacity to perform legal transactions a
court decision. These transactions can be performed through his legal representative.
Article 10
The full of age person who completely or partly has not the capacity to care for his own affairs because of a physic disease or mental illness can be deprived of or there can be placed limits to the capacity to perform legal transactions by the decision of court.
Article 11
The juridical transaction that limits the capacity to act is not valid.
C. Residence and Reside-place
Article 12
Habitation is the place where a person because of his work or permanent service, his property assent or fulfillment of his interests, stays usually or for the most pert of the time.
Every full of age person has the right to decide freely for his residence. The person can not possess at the same time more than one residence. This provision is not applied for the residence of the activity of a businessman.
Article 13
The infant who has not reached the age of fourteen years has for residence that of his parents.
When parents possess several residences, their child under fourteen years has for residence the one of the parent he lives with.
The person to whom capacity to act is deprived and the children are under patronage, the last ones have for residence that of their legal representative.
Article 14
The residing place is the place where the person performs a work or other defined duties, to attend a respective school or course, to be given health care, to suffer a criminal sentence and other cases of this nature.
D. The announcement of disappearance and the death of a person.
Article 15
BOOK ONE - General Part
Title 1 Subjects ( persons/entities affected) Chap I Natural Persons (Articles 1-23) Chap II Legal Entities (24-63)
Title 2 Representation (Agency) Chap I Agency Relationships - Types (64-78)
Title 3 Legal Transactions (Contracts) (79-111)
Title 4 Prescription (Laches, Statutes of Limitations, Adverse Possession) (112-140)
SECOND PART (Pjesa e Dyte)
BOOK TWO - Ownership and Property
7. Property to be severed from Realty 8. Ownership of property severed from Realty
Title 2 Ownership (149-198) Chap I General Provisions (149-161)
-use and enjoyment
-who may own -not to harm others
-taking for public use
-surface subsurface and air rights Title 3 Co-ownership (199-231) Chap I Partial co-ownership (199-208) Chap II Complete co-ownership (209-231)
Title 4 Usufruct (Rights to beneficial possessions of non-owned property) (232Chap I General Provisions (232-236) Chap II Rights of Parties (237-245) Chap III Obligations of Parties (246-254) Chap IV Termination
Title 5 Usage and Habitation Rights (539) (family needs and dwelling)
Title 6 Servitudes (Easements) (539-544) Chap I General Provisions (539) Chap II Compulsory Servitudes (539-542) Chap III Voluntary Servitudes (542-543) Chap IV Operation and Protection of Servitudes (543-544) Chap V Extinguishment of servitudes (544)
Title 7 Remedies for ownership (544-546)
Title 8 Beneficial Possession (546-548) Chap I General Provisions (546-547) Chap II Remedies for Beneficial Possession and Maintenance (547-548)
THIRD PART (Pjesa e Trete)
BOOK THREE - Inheritance
Title 1 General Provisions (548-554)
Title 2 Intestacy (554-555)
Title 3 Testamentary Dispositions (556-562) FOURTH PART (Pjesa e Katert)
BOOK FOUR - Obligations
Title 1 General Provisions (562-568) Chap I Definition and Creation of obligations (562-563) Chap II Joint Obligations (563-565) Chap III Alternative Obligations (565-566) Chap IV Divisible and Indivisible Obligations (566-567) Chap V Pecuniary Obligations (567-568)
Title 2 Performance and Satisfaction of Obligations Chap I Performance of obligations (568-571) Chap II Effect of Non-Performance of obligations (571-574) Chap III Assignment and subrogation (575-576) Chap IV Satisfaction of obligation (576-579)
Title 3 Remedies for Non-Performance Chap I General Provision (579-581) Chap II Penalty Clauses (581) Chap III Pledges (581-583) Chap IV Mortgages Chap V Suretyship (guarantees) Chap VI Creditois Remedies
Title 4 Torts Chap I General Provisions Chap II Product Liability Chap III Damages
Title 5 Managements of the Affairs of Others
Title 6 Payments by Mistake
Title 7 Unjust Enrichment
FIFTH PART (Pjesa e peste)
BOOK FIVE - Contracts
Title 1 Contracts in General
Chap I General Provisions
(definition and requirements for contractual validity)
Chap II Interpretation of Contracts
Chap III Binding Effects of Contracts
Title 2 Types of Contracts
Chap I Sales
Chap II Barter
Chap III Gifts
Chap IV Requirements (Supply)
Chap V Emphyteusis (Enfiteoza) Landed Estate Leases
Chap VI Leases
Chap VII Personal Service Contracts
Chap VIII Transportation
Chap IX Borrowing/Lending
Chap X Powers of Attorney
Chap XI Undisclosed Principals
Chap XII Freight Agents
Chap XIII Agency
Chap XIV Composition Agreements/Creditors
Chap XV Brokers
Chap XVI Bailments
Chap XVII Account stated
Chap XVIII Bank Deposits (cash or securities)
Chap XIX Loan agreements
Chap XX Amuity Contracts
Chap XXI Franchising
Chap XXII Simple Partnerships
Based on article 16 of law No. 7491 date 29.04.1991 “For the Main Constitutional Provisions , with the proposal of Council of Ministers. THE PEOPLE’S ASSEMBLY OF THE REPUBLIC OF ALBANIA DECIDED: PART I GENERAL PART TITLE I
SUBJECTS OF THE CIVIL RIGHTS CHAPTER I Every physical person enjoys full and equal capacity in order to have civil rights and obligations, within the limits defined by the law.
Article 2
Juridical capacity is acquired at the time the person is born alive and ends with his death. When the child is born alive, it enjoys judicial capacity from the time of the pregnancy.
Article 3
The foreigners acquire the same rights and obligations as those recognized to the Albanian citizens, besides exceptions provided by the law.
Article 4
Civil rights of a physical person can not be limited, except exclusions provided by law. The juridical action that places limits to the legal capacity of a physical person is invalid.
B. The right of name
Article 5
Every physical person has the right and obligation to have his name and surname, which are put according to the law. The person, to whom their use is negated or intruded by the unjust use the others made of his name, may demand from the court the use of his name or surname, end of the intrusion and re-compensation of the respective damages made to him.
This demand may be represented even from persons who although do not keep the name or surname which is intruded or unjustly used, have familiar interests worthy to be protected.
The court, when accepts the suit, orders the publication of the decision in the Official Gazette. Upon the request of the plaintiff, the court may order the publication of its decision even in other newspapers. The pseudonym used by the physical persons enjoys the same protection.
C. The capacity to act
Article 6
The person who reaches eighteen years old wins the full rights so that by his acts he gains rights and holds civil obligations.
The full capacity to act is gained through marriage by the wife who has not reached the age of eighteen years. She does not loose this capacity even when the marriage is declared invalid or divorced before reaching the age of eighteen years old.
Article 7
The infant, who has not reached fourteen years old, can perform legal actions by the previous approval of his or her legal representative. However, he can be member of social organization, posses everything he gains by his work, to deposit his savings and to posses these deposits himself.
Article 8
The infant, who has not reached fourteen years old, has no capacity to act. He can perform legal transactions that are suitable for his age and are fulfilled at instance, as well as legal transactions that bring benefits without any compensation. Other juridical transactions are performed on his behalf by his legal representative.
Article 9
The infant of fourteen to eighteen years who is unable to carry out his own affairs because of psychic diseases or mental illness is deprived of the capacity to perform legal transactions a
court decision. These transactions can be performed through his legal representative.
Article 10
The full of age person who completely or partly has not the capacity to care for his own affairs because of a physic disease or mental illness can be deprived of or there can be placed limits to the capacity to perform legal transactions by the decision of court.
Article 11
The juridical transaction that limits the capacity to act is not valid.
C. Residence and Reside-place
Article 12
Habitation is the place where a person because of his work or permanent service, his property assent or fulfillment of his interests, stays usually or for the most pert of the time.
Every full of age person has the right to decide freely for his residence. The person can not possess at the same time more than one residence. This provision is not applied for the residence of the activity of a businessman.
Article 13
The infant who has not reached the age of fourteen years has for residence that of his parents.
When parents possess several residences, their child under fourteen years has for residence the one of the parent he lives with.
The person to whom capacity to act is deprived and the children are under patronage, the last ones have for residence that of their legal representative.
Article 14
The residing place is the place where the person performs a work or other defined duties, to attend a respective school or course, to be given health care, to suffer a criminal sentence and other cases of this nature.
D. The announcement of disappearance and the death of a person.
Article 15
Title 1 Definitions of Property (141-148)
"natural fruits" = goods
"civil fruits" = rents
Chap II Acquisition and Loss of Ownership (162-191)
Chap III Registration of Real Estate (192-198)
PHYSICAL PERSONS
A. Juridical Capacity
Article 1