Acquisition of Immovable Property According to Special Laws in Albania

Luan Hasneziri
External Lecturer at Faculty of Law, University of Tirana and External Lecturer at Alabanian University

Abstract

Immovable property, reflected in various forms, such as hotels, tourism complexes, apartments, land, agricultural land, etc., is one of the most important assets for the economic development of a country. The classic way of acquisition of Immovable property in Albania is according to the provisions of the Civil Code, through the contract of sale, donation, etc., which constitute the classic way of gaining ownership in any democratic state. Albania, as one of the post-communist countries, has experienced a difficult transition in establishing a market economy and a state of liberal democracy. This difficult transition has been reflected quite clearly in the matter of property regulation in general, and immovable property in particular, for which the Albanian state had to adopt special laws. The problem of a fair and complete regulation of Immovable property in Albania, has remained unsolved and this is the main reason that prompted me to present in this scientific work some of the most important legal issues for its regulation. The scientific work consist of two main issues. The first issue will address, in general, the acquisition of ownership of Immovable property under the laws “On restitution and compensation of the property to former owners” and “On legalization, urbanization and integration of illegal constructions”. The definition of these laws will be done by defining them critically and comparing them with international standards related to the property rights. The second issue will analyze the problems arising in judicial practice and the impleme-ntation of these special laws. In this issue will be analyzed some Unified Decisions of the Joint Colleges of the Supreme Court and of the Constitutional Court that have to do with the nature and content of these laws. Also, in this issue, will be reflected some decisions, given by the European Court of Human Rights or the Strasbourg Court, against Albania, for the violation of the proprietary rights as one of the fundamental human rights and freedoms. At the end of the scientific work will be given its conclusions, as well as the bibliography on which he is based.

Presentation