INSTITUTE OF OWNERSHIP IN THE POST-COMMUNIST REPUBLIC OF ALBANIA

Abstract

Ownership as a genuine institute of civil rights in the Republic of Albania began to 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 public property, which was one of the principles of the ideology of the monist system. With the change of the corpus of domestic legislation and the signing of international agreements ratified in civil law, the concept of private property will undergo a fundamental change. Building a civil code totally different from the existing one would bring about a different treatment of private property. In the new code, private ownership would be of paramount importance both from a doctrinal and practical point of view. The implementation of the legislation would be a challenge in itself which, in addition to the positive part, will also face issues that are still part of the law practices. The focus would be on restitution and compensation of property to former owners but at the same time the private property institute would address in itself the new ways of acquiring probationary property, property protection and everything else related to this institute of which is considered a fundamental right by the Constitution of the Republic of Albania and the European Convention on Human Rights.