MEANS FOR SECURING THE CONTRACT OF SALE THAT DERIVE FROM THE PROCESS OF EU INTEGRATION: IN KOSOVA AND ALBANIA

Contract parties enter into a contract because from the contracted job they expect determined results. However it happens that debtor doesn’t fulfill his obligation, or he fulfills the obligation with the delay whereas the item respectively service is not of the contracted quality. In these and in the similar cases, if the debtor doesn’t fulfill willingly his obligation, to the creditor it remains to negotiate compensate the eventual damage or it remains that he will realize his rights through court. Court procedure usually lasts a lot and causes additional damages whereas even if the judgment is taken a question appears if the request could be realized with the execution procedure. Therefore parties very frequently contract special institutes by which the execution of obligations is ensured by debtor. Means of securing contract are always applied if parties have foreseen this explicitly by contract , whereas this is rarely regulated by the law. Contract could be “perfect”, “strong”, as soon as parties agree with the essential parts of contracts. However, contract parties sometimes apart of the main contract they sign a second hand contract-accessory or they add to the contract special disposalsclause, so the contract to be strong and that through these parties are pushed to precisely fulfill their obligation

Stock Companies in Kosovo

Abstract:  Law on Business Organizations recognizes the stock companies as the type of business society. The paper will use methods of analysis, method of comparison, method of systemic analysis, etc. In addition to these methods author will use the combined methodology in order to reach the main goal of the paper. If the stock companies belong to business societies, the after their registration what is their legal arrangement? According to the Law on Business Organizations, the stock companies could have only one shareholder and many or a lot of them. Each shareholder has its shares which is the property of the shareholder. Shares could be transferred from a shareholder to other judicial/physic persons. The founding capital of stock companies is determined by the law. This society is judicial person which is responsible for all its obligations and for these obligations it is responsible with its assets and its property. Personal property of shareholders doesn’t contain the property of shareholders companies. Shareholder is responsible for society with its wealth only if shareholder abuses with the shareholder company. Paper analyzes competences in the society and the duration of foundation, then statute, memorandum an regulations of the society are analyzed is analyzed. Author with the paper covers and analyzes the founding capital and the organs of the stock companies, always determined by the law. Paper also explains the ways of the dissolution of the stock companies.     &nbsp

Third generation of the human rights in Kosova and the positive discrimination

Human rights in Kosova in the formal-legal understanding are sanctioned by the Kosova Constitution, within which there are incorporated most important international documents beginning with the Universal Declaration of Human Rights up to the European Convention for Human Rights. But nonetheless there are issues that remain still to be at the level of political debates and projections for future as well as there are issues that overcome the academic and theoretic debate taking the dimension overcoming the human rights. And this dimension from the practical viewpoint can overcome the accepted issue as it is positive discrimination at the determined moments and at the determined countries. The right to development, the right to environment, etc., as the rights of the third generation also in Kosova are at the phase which from the debate in order to transform into practical notions whereas positive discrimination under the current political developments time after time takes forms of overcoming the field of human rights and could endanger the Kosova state existence. Paper goal is to analyze Chapter of the Kosova Constitution related to human rights, to emphasize current formal-legal framework and the actual shortcomings of the rights from the third generation. Paper will underline the form and the level of positive discrimination in Kosova under the context of overcoming practical framework that are known in world related to this issue. It is un-avoided that the paper will come up with the recommendations which could be used in the theory and practice in Kosova

Guarding in the Countries of the Western Balkans as the Part of Family Law

Guarding is one of the most important legal institutes of the family law. That is one of the forms of social protection of children without parental care and it differs from adoption. According to the legislation in the Western Balkan countries where there are differences and similarities, the subject to guarding are not only children whose parents have passed away but children whose parent are alive could be the subject of guarding, as well: children left and children whose parents are not able to execute parental care. The organized placement of children from a family to the other is done by both, by parents and by the state competent organ. Besides children, subject to guarding could be also persons that have no children, persons that overcome the age to gain the action capability and that this capacity have not gained based in different reasons. Finally persons that had the capability to act but that that capability was taken by a state organ could be subject of guarding. Law of the Balkans countries regulates guarding in property even in cases when the property has the owner and also in the cases when the owner is not known by institutions. During the analysis, we will see how the organ that decides on guarding taken the decision and of the legislative procedures regulate the process of putting a person under the guardianship