Contract of Sale of Agricultural Land under the Provisions of the Civil Code

Irena Lavdari

doi:10.5901/ajis.2016.v5n1p277

Abstract

The contract is the most widespread juristic instrument in the civil circulation of a market economy. The main juristic and commercial acts of different subjects in the conditions of the market economy are embodied in a contract. The contract is one of the ways how to gain ownership and other real rights by being an instrument of circulation of the goods realized by the contracts of sales, donation, exchange etc. The sales contract of sales was recognized as such since the times of the Roman Right and it continued to be elaborated until the present days. In its early origin, the most ancient form of sales consisted in the exchange of goods with other goods. The sales contract used to be also one of the most common agreement in the Albanian traditional right. The contracts which were more diligently protected and better known, were related to the sales. According to the traditional right, object of the sales contract could be the mobile and immobile goods. The definition of the contract according to the present Albanian legislation, is provided in the Civil Code in the article 659, according which the contract is a juristic act through which one or more parties create, change or terminate a juristic relation. The contract is one of the forms of gaining the ownership and other real rights by being an instrument for the circulation of goods realized by the contracts of sales, donation, exchange etc. The contract is also one of the sources of obligation, in other words, an instrument through which one gains the right to the others` obligations. Depending on the sales object, the contract has some specifics. The sale is a mutual beneficial contract. It is consensual, which means valid from the moment of achievement of the parties` agreement. In some cases, the law demands that the sales contract is formal and registered. The contract of sale in many cases has caused many problems which stand at the roots of conflicts that should be dealt with and that require solutions in different legal ways. Therefore, it is important to study and treat these contracts and the problems that associated to them with regard to the institutions of the right and the national and/or international transactions. DOI: 10.5901/ajis.2016.v5n1p277

Highlights

During the past three decades, international commerce – the Albanian one - has increased considerably
The initiatives and developments in technology, information and communication have stimulated the growth of international commerce, and on the other hand the opportunities to finalize the contracts electronically such as: fax; e-mail; internet, has eliminated the distance and time factors and has opened new global markets which led to a swell of the volume of international commerce
Even the contract of the donation of the right of first refusal of the former owner as well as that of the donation of the compensation of the possessions which cannot be returned under the conditions of law “About the returning and compensation of the property of former owners”, is considered as a consensual right, which means it is considered as signed as long as the donor has expressed his/her will to make the donation in the way required by law and the person to whom the donation is addressed to, has expressed in the same way his/her will to accept the donation