Albanian Civil Code 1929 as Part of the European Family of Civil Law

Abstract

Background: The Civil Code would dictate the affiliation of Albanian civil law to the Romano- Germanic family, finally separating it from Ottoman law. This Code, to this day, preserves its contemporary character, individuality, and integrity, not only because it is based on the idea of protecting basic human rights and freedoms, as well as the democratic model of society that inspired it, which always remain valid, but also that it continues as a working tool for specialists in this field. Undoubtedly, foreign rights, especially French, Italian, and to some extent, German and Swiss, would inspire the Albanian legislator to sanction in its provisions the equality of all citizens, the emancipation of land ownership, and the freedom to engage in economic activities. Methods: The methodology used during the drafting of this paper is mainly based on Albanian and foreign doctrinal views, focusing in particular on the Italian and European doctrines, due to this doctrine and this legislation being referred to by our legislator at the time of drafting the Civil Code. Also, among the methods used in this paper are the analysis and comparative methods.Results and Conclusions: The acceptance of foreign law in the Civil Code of Zog, more than “a matter of quality”, was a “matter of power”, because foreign rights, especially French and Italian, which found their sanction in this Code, they were rights belonging to the spiritual influence of modern civilization, and above all, to that of the “Italian Renaissance” and the “French Revolution.”