Introduction

Since the 1990s, Albania has aimed to introduce democratic values into its legislation. This process can come to fruition only by the recognition and protection of private property. As a result, a new Civil Code was enacted at the beginning of the 1990s through intensive collaboration between Albanian and foreign scholars. Book II of the Albanian Civil Code of 1994 highlights the importance of private property. This book fills the gap in the national and international scientific literature since there is no scientific contribution written in English that examines the development of the Albanian law of property showing the similarities and differences between the Albanian and the Italian civil codes. Another novelty rests on its identification of the rules of the Albanian Civil Codes of 1929 and of 1982 that regulate the various legal institutional parts of the property law. Furthermore, this research summarizes the EU impact on Albanian property law by examining the differences between the legal institutions established at the supranational level such as Dir. 2014/60/EU, Dir. 2008/122/EC, Dir. 1346/2000/EC, and Reg. 2015/848 with the current Albanian system. In the conclusions, this research demonstrates that the Albanian law of property of 1994 is similar, sometimes identical, to the rules established in the Italian Civil Code of 1942

Implementation of the eu Regulation 650/2012 into the Albanian Legal System

Due to the free movement of people as well as international marriages, succession law is facing new challenges since it includes an estate spanning different countries. Based on Art. 81, para. 2, TFEU, on 4 July 2012, the EU adopted Regulation (EU) no. 650/2012 to govern cross-border succession. The paper considers the EU’s impact on the Albanian legal system in cross-border succession matters. The findings here discuss the similarities and differences between the acquis communautaire and Albanian succession private international law

Similarities and differences between the albanian and italian succession law.

In 1994, Albania codified the current civil code, harmonizing the national legislation with the democratic values of the Western European Countries. This paper fills the gap in the national and international scientific literature since there is no scientific contribution that examines the Albanian law of succession showing the similarities and differences between the Albanian and the Italian civil codes. This is fundamental because according to Article 33 Albanian Private International Law (Albanian Law no. 10 428 of June 2011), which governs cross-border succession law, in the case of immovable goods, the rule of lex rei sitae has been codified. Thus, in the case of immovable goods, the Albanian succession law will be applied to them. In the conclusion, this research demonstrates that the Albanian Law of Succession of 1994 is different in many ways from the rules established in the Italian Civil Code of 1942

Succession Contracts for Family Firms in Italy and Albania. A European Private International Law Approach

In recent decades there has been an increase in longevity as well as a higher interest in the intergeneration of business transfer within a family. As a result, both European and national legislatures have been focusing on allowing this type of transfer before death. While the EU legislature stimulated this approach through the Commission Recommendation of 7 Decem ber 1994 on the transfer of small and medium-sized enterprises (Rec. 94/1069/EC), the Italian legislature fulfilled it only in 2006. Unfortunately, Albania does not provide any exception to the absolute invalidation of succession contracts. This paper does not aim to provide an extensive analysis of the various forms of succession of family firms in these two countries. This scientific contribution rather applies a legal comparison and a case-law study to inves tigate the impact of EU law on the national legislation by only focusing on the application of European private international law perspective. The contribution underlines the different approaches between these two countries since Italy has harmonized its own legislation with the EU soft-law and it has also ratified the Convention on the Law Applicable to Trusts and their Recognition of 1 July 1985. On the contrary, Albania has not ratified this international treaty, and its legislation is not aligned with the Rec. 94/1069/EC

End-of-life Decisions in Albania: The Call for an Ethical Revision

While in Western European countries, the end-of-life decisions have become a matter of public policy, this paper provides a detailed analysis of end-of-life decisions in Albania by focusing on instructional medical directives. The manuscript investigates the Albanian legal system, the documents published by the National Ethics Committee and the National Committee of Health, as the two main advisory public bodies on health issues, as well as the national medical jurisprudence and the Code of Medical Ethics. After emphasizing the importance of instructional medical directives and considering the international literature that has underlined the ethical principle of patient autonomy, this paper provides some policy suggestions. In the conclusion, this contribution highlights the importance of ad hoc rules governing instructional medical directives as well as the ethical principles and international literature as an instrument to fill the gap in the national system. In addition, particular attention is given to the application of ethical principles in end-of-life decisions in the current pandemic situation

Ownership Acquisition, Chapter III

Since the 1990s, Albania has aimed to introduce democratic values into its legislation. This process can come to fruition only by the recognition and protection of private property. As a result, a new Civil Code was enacted at the beginning of the 1990s through intensive collaboration between Albanian and foreign scholars. Book II of the Albanian Civil Code of 1994 highlights the importance of private property. This book fills the gap in the national and international scientific literature since there is no scientific contribution written in English that examines the development of the Albanian law of property showing the similarities and differences between the Albanian and the Italian civil codes. Another novelty rests on its identification of the rules of the Albanian Civil Codes of 1929 and of 1982 that regulate the various legal institutional parts of the property law. Furthermore, this research summarizes the EU impact on Albanian property law by examining the differences between the legal institutions established at the supranational level such as Dir. 2014/60/EU, Dir. 2008/122/EC, Dir. 1346/2000/EC, and Reg. 2015/848 with the current Albanian system. In the conclusions, this research demonstrates that the Albanian law of property of 1994 is similar, sometimes identical, to the rules established in the Italian Civil Code of 1942

Law, public debates and professionals' attitudes: a comparative study on the use of advance directives in England, France and Germany

Advance directives to refuse treatment (ADs) are legally binding in many Western European countries. Yet, in practice ADs are only rarely used. This chapter explores the influence of different socio-cultural and legal contexts on the implementation of ADs in three European countries: England, Germany and France. More precisely, this chapter focuses on physicians’ perspectives on the law and the reasons given by them for failing to implement it. It will show how physicians’ sense of duty to respect ADs depends on: (1) the definition of the legal status of ADs in a country; (2) the way the law addresses physicians’ concerns regarding the use of ADs (e.g. uncertainty about validity, respect for patient preferences); and (3) the way ADs are discussed in the public (or not). The findings presented are based on literature review and qualitative interviews