Acquisitive Prescription ss a Mean of Acquiring Ownership: An Albanian Perspective on the DCFR

Abstract

Acquisitive prescription has been for centuries a consolidated institute through which becomes possible the acquisition of ownership. The goal of this article is to analyze the real impact of DCFR (Draft of Common Frame of Reference) in creating a uniformity for acquisitive prescription rules in European Union (with a special emphasis in Albania.). After the entrance in EU, the legal provisions of Albania ought to be changed in accordance with the EU legislation. The aim of the research is that through the comparison of the legislation of some EU countries and Albania we can conclude if there are problems and how to alter some aspects of this institute in Albanian law. Firstly we shall examine the current Albanian Law and afterward the provisions of acquisitive prescription in the DCFR. In order to assess that which alterations shall be more reasonable it is important to make a comparison between some European countries (France, Germany, Italy, Spain, Greece, England) regarding : peaceful and continuous possession, Good faith versus bad faith acquisitive prescription, rei vindication suit versus acquisitive prescription suit, the amount of time elapsed, acquisitive prescription with title and without title. The sources of research work include the legal provisions of these countries, the court decisions and the recent studies of the most prominent scholars of the field. In conclusion we shall give a judgment if DCFR, aiming to a “justice” standard, can really create a uniformity in European law and which aspects of Albanian law need to be changed



Author Information
Silvana Dode, University "Aleksander Xhuvani", Albania

Paper Information
Conference: ECPEL2016
Stream: Law 1. Civil Law and the Court

This paper is part of the ECPEL2016 Conference Proceedings (View)
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