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

• Author: Rezarta TAHIRAJ/Aida Gaçe LLOZANA
• Pages: 366-373

THE IMPACT OF THE CONSTITUTIONAL AND SUPRANATIONAL LIMITATIONS

TO THE REFORMATION OF THE

ALBANIAN COMMERCIAL LAW

Ph.D. Rezarta TAHIRAJ

1

Ph.D. student Aida Gaçe LLOZANA

2

Abstract

In the 21 years, since the beginning of the systemic reforms supported by the interna tional community,

Albania, one of the post–socialist 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

3

, 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.

1

Rezarta Tahiraj, Ph.D. in European Tax Law – University of Bologna – Italy, Universiteti “Aleksandër Xhuvani” Elbasan –

Albania, Law Department – Economic Faculty, email: rtahiraj.uniel@gmail.com

2

Aida Gaçe Llozana, Universiteti “Aleksandër Xhuvani” Elbasan – Albania, Law Department – Economic Faculty, email:

aidagacehe@gmail.com

3

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.