Eurocodification of the Legal Framework in Albania during King’s Zog Monarchy (With a Special Attention to the Civil Code)
Abstract
One of the most important challenges that the Albanian State had to accept in the first decades of its creation, was the preparation and the approval of a legal framework that was supposed to place several public and social rules. The Albanians did not experience the humanist period from 14th to 16th century as other European populations, because it was interrupted by the Ottoman occupation. So the only governmental tradition which survived during this epoc were the Canons: The Canon of Lekë Dukagjin (Kanuni i Lekë Dukagjinit) and the Canon of Skanderbeg (Kanuni i Skënderbeut). Albania gained its independency from the Ottoman Empire, but still the country was ruled by Sheriat (Shariat from Arab, šariʿa, shari’a, sharyat), most of all because of the fact that there was not a national legal framework until 1930. After the proclamation of the Monarchy and the approval of its Statute (Constitution), started the work on the preparation of different codes; the crucial one: The Civil Code. This process was the first step for the Albanian Legislator to compare the secularity of the European legal framework to the Ottoman Empire one. In Albania, there was a such coexistence between the old empiric laws, the religious traditions and the tribal laws survived from the past; a mixed regime like the diversity of the population itself.
Keywords: Civil Code, Latin model, Sheriat, property, heritage, eurocodification.
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