The impact of the constitutional and supranational limitations to the reformation of the albanian commercial law

AuthorRezarta TAHIRAJ/Aida Gaçe LLOZANA
Ph.D. Rezarta TAHIRAJ
Ph.D. student Aida Gaçe LLOZANA
In the 21 years, since the beginning of the systemic reforms supported by the interna tional community,
Albania, one of the postsocialist countries, has adopted a new legal fra mework in the field of the commercial law
typical for the market economy, laws that are relatively modern which generally reflect modern European tr aditions
and norms as well as compliance with WTO requirements. In fact, the Albanian legal order shows the lack of the
Commercia l Code the existence of which is more a preference than a need. Many civil law tra ditions do indeed set
out their commercia l laws in a separate Commercial Code, although many of the underlying concepts suppor ting
commercial tr ansactions a re set forth in the Civil Code, as r esult to be in the case of Albanian commercial law.
Further more, the most of the laws in the field of commercial law have been adopted in the shadow of WTO and tha t
of the Europea n Union and if applied would genera lly har monize. Recognizing this, suppor t for harmonization and
compliance at the legisla tive level it is offered in way to eliminate the problematic issues e merged by the set of laws
approved duri ng the years 1991-1993. In this context, the proposed paper aims to ana lyse the issue of the impact of
the c onstitutional and supr anational limitations to the reformation of the Albanian Commercial Law, an analysis
that also is envisaged in the context of the histor ical evolution of commercial law which it is outlined with the
establishment and the improvement of the State and Albanian legal order.
Keywords: company, merchant, Albanian commercial law, European Law, approximation, har monization
JEL Classification: K10, K20
1. From the genesis to the modern Albanian commercial law
Unlike other legal orders which had a strong legal tradition in the field of modern
commercial law, Albania has no strong history in this specific branch of private law.
The kanun
, an expression of traditional law that developed during the Middle Ages in
Albania, has informed and influenced many social arrangements, but there are few well accepted
statutes from before 1991 to build upon for commercial activity.
To rebuild the Albanian legal tradition in the field of commercial law, it is important to
dwell on the establishment process of the commercial law as well as the substantial reforms
applied in the past periods.
In fact, the genesis and the development of commercial law provisions in Albania is
outlined along the historical phases of the establishment, consolidation and improvement of the
Albanian State as well as of the Albanian legal order.
1.1. The commercial law provisions in the period from the year 1850 to the year 1992
In the fall of the year 1912, while Turkey was engaged in the First Balkan War, Albania
arises as an independent modern State being released finally from the Ottoman occupation.
Rezarta Tahiraj, Ph.D. in European Tax Law University of Bologna Italy, Universiteti “Aleksandër Xhuvani” Elbasan –
Albania, Law Department Economic Faculty, email:
Aida Gaçe Llozana, Universiteti “Aleksandër Xhuvani” Elbasan – Albania, Law Department Economic Faculty, email:
About the Kanun can see: TAHIRAJ R. & PORRO S., Il sistema tributar io in Albania: evoluzione storica dal 1839 al 1945,
Tomo 1, News 2008, Italy, p. 10.

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