Problematics of the Albanian legal framework in the division of property

By, Violeta META

Abstract

By means of this paper, will be highlighted the importance of the special judgment for the division of property, firstly analysing the ownership and co-ownership according to the Civil Code and the Family Code, the procedural side of this judgment according to the Code of Civil Procedure as well as the contradictions encountered in practice, regarding the special judgment. The basic characteristic of the ‘de quo’ trial, consists in the fact that it takes place in two stages, where each stage carries its own characteristics and importance. The focal point here will be on the jurisprudence of the Supreme Court, in relation to the importance that this court gives to the first and second stages. The purpose of this paper is to highlight the problems encountered in the judicial practice, in the judgment for the division of property, through the analysis of the alternatives that the expert makes available to the court and the evaluation of the court on the property subject to division. Also, part of the analysis will be the way in which are treated in the judgment for the division of the property, the immovable properties that are not registered in the public registers but are in the process of legalization as well as those that are not in the process of legalization.

How to cite: Meta, V. (2021). Problematics of the Albanian legal framework in the division of Property. Jus & Justicia, 15(2), 71–87.

https://doi.org/10.58944/nslm6482