Codification and Legal Sources in the Albanian Legal System: Comparative Approach to Legal Systems

The civil law system entered the codification path during the 19th century, enabling the creation of uniformity, such as drafting a civil code and building a new (national) identity. The structure of the code suggests that it provides a comprehensive, internally coherent set of rules for private law...

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Autor principal:	Enkeleda Olldashi
Formato:	article
Lenguaje:	EN
Publicado:	Academicus 2018
Materias:	codification process; legal system; legal reasoning; sources of law Social Sciences H Economics as a science HB71-74
Acceso en línea:	https://doaj.org/article/937f9fa5c6da4b329a3dc6e151d78146
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spelling	oai:doaj.org-article:937f9fa5c6da4b329a3dc6e151d781462021-12-02T19:11:59ZCodification and Legal Sources in the Albanian Legal System: Comparative Approach to Legal Systems2079-37152309-108810.7336/academicus.2018.17.02https://doaj.org/article/937f9fa5c6da4b329a3dc6e151d781462018-01-01T00:00:00Z http://www.academicus.edu.al/nr17/Academicus-MMXVIII-17-036-045.pdf https://doaj.org/toc/2079-3715https://doaj.org/toc/2309-1088The civil law system entered the codification path during the 19th century, enabling the creation of uniformity, such as drafting a civil code and building a new (national) identity. The structure of the code suggests that it provides a comprehensive, internally coherent set of rules for private law. The adopted civil codes secure lawyers a systematic and coherent foundation for the legal system and legal reasoning. Codification allowed laws to be in an easily identified document easily. Traditionally, the civil law system has been subject to several codification and consolidation processes during different periods in time, influenced from political, social or economic reforms. In Albania after the proclamation of the Monarchy, work began on the preparation of various codes, with the crucial one being the Civil Code. The first Albanian Civil Code entered in force on the 1st of April 1929. This process was the first step for the Albanian Legislator to compare the secularity of the European legal framework to that of the Ottoman Empire. In 1991, the end of the communist era in Albania was marked by bringing the transformation of the economy into a market-oriented system and the creation of a legal system that protected the right of private property. The Albanian system as a continental system has developed a system based on systematic approach to laws, a procedure known as dogmatic approach. It has created an internal system of laws based on generally codified norms and principles. The purpose of this paper is to explain the impact of political, social or economic reforms in the codification process and the nature of legal sources in Albania.Enkeleda OlldashiAcademicusarticlecodification process; legal system; legal reasoning; sources of lawSocial SciencesHEconomics as a scienceHB71-74ENAcademicus International Scientific Journal, Vol MMXVIII, Iss 17, Pp 36-45 (2018)
institution	DOAJ
collection	DOAJ
language	EN
topic	codification process; legal system; legal reasoning; sources of law Social Sciences H Economics as a science HB71-74
spellingShingle	codification process; legal system; legal reasoning; sources of law Social Sciences H Economics as a science HB71-74 Enkeleda Olldashi Codification and Legal Sources in the Albanian Legal System: Comparative Approach to Legal Systems
description	The civil law system entered the codification path during the 19th century, enabling the creation of uniformity, such as drafting a civil code and building a new (national) identity. The structure of the code suggests that it provides a comprehensive, internally coherent set of rules for private law. The adopted civil codes secure lawyers a systematic and coherent foundation for the legal system and legal reasoning. Codification allowed laws to be in an easily identified document easily. Traditionally, the civil law system has been subject to several codification and consolidation processes during different periods in time, influenced from political, social or economic reforms. In Albania after the proclamation of the Monarchy, work began on the preparation of various codes, with the crucial one being the Civil Code. The first Albanian Civil Code entered in force on the 1st of April 1929. This process was the first step for the Albanian Legislator to compare the secularity of the European legal framework to that of the Ottoman Empire. In 1991, the end of the communist era in Albania was marked by bringing the transformation of the economy into a market-oriented system and the creation of a legal system that protected the right of private property. The Albanian system as a continental system has developed a system based on systematic approach to laws, a procedure known as dogmatic approach. It has created an internal system of laws based on generally codified norms and principles. The purpose of this paper is to explain the impact of political, social or economic reforms in the codification process and the nature of legal sources in Albania.
format	article
author	Enkeleda Olldashi
author_facet	Enkeleda Olldashi
author_sort	Enkeleda Olldashi
title	Codification and Legal Sources in the Albanian Legal System: Comparative Approach to Legal Systems
title_short	Codification and Legal Sources in the Albanian Legal System: Comparative Approach to Legal Systems
title_full	Codification and Legal Sources in the Albanian Legal System: Comparative Approach to Legal Systems
title_fullStr	Codification and Legal Sources in the Albanian Legal System: Comparative Approach to Legal Systems
title_full_unstemmed	Codification and Legal Sources in the Albanian Legal System: Comparative Approach to Legal Systems
title_sort	codification and legal sources in the albanian legal system: comparative approach to legal systems
publisher	Academicus
publishDate	2018
url	https://doaj.org/article/937f9fa5c6da4b329a3dc6e151d78146
work_keys_str_mv	AT enkeledaolldashi codificationandlegalsourcesinthealbanianlegalsystemcomparativeapproachtolegalsystems
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Codification and Legal Sources in the Albanian Legal System: Comparative Approach to Legal Systems

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