Brief historical overview of the evolution of “obligatio” and “contractus” in the Roman law: their influence on the Albanian legislation

By, PhD. Renata KAU

Abstract

Roman law has influenced many legal systems throughout the world, including the Albanian legislations, this also as a result of the centuries-long conquests of these countries by the Roman Empire, which have left traces both in the culture of these countries and even in the legislations. The law of obligations and contracts is one of the broadest and most important areas of civil law. The best understanding of the contemporary notions related to these institutes requires a deeper knowledge of the Roman notions of “obligatio” and “contractus” throughout the entire period of the development of the history of the Roman law. In the course of history, these institutes have influenced the customary collections and the Albanian legislations up to the present day, configuring Albania in different periods in the category of the civil law countries with Romanist origins. Currently, even though the institution of obligations and contracts has strong Romanist bases, so much so that even in modern codifications we find definitions of the notions of “obligatio” and “contractus” of the Roman law, new forms of contracts have arisen as a result of the development of the market economy.

How to cite: Kau, R. (2020). Brief historical overview of the evolution of “Obligatio” and “contractus” in the Roman Law: Their influence on the Albanian legislation. Jus & Justicia, 14(1), 69–84.

https://doi.org/10.58944/ielu4288