Acquisition of Real Estate by means of the Contract of Sale Based on Albanian Legislation

Abstract

The contract of sale is one of the most useful contracts in the civil area by which are achieved the majority of commercial and legal-civil activities. The contracts of sale bear a special importance in relation to the socio-economical and political issues that are characteristic of national and international developments. Today they are considered to be an undeniable incentive for the economical initiatives of anyone without taking in consideration the fact that they might be Albanian or foreign citizens, public or private juridical person. A double economic function is achieved due to the contract of sale. On one hand the circulation of goods or in general of the rights and on the other hand the circulation of money. The contract of sale in many cases has caused many problems which stand at the roots of conflicts that should be dealt with and that require solutions in different legal ways.In this sense, because of the characteristics of the contract, it is very important the detailed analysis of it in order to make known the particular nature of the legal contract of sale as a juridical action, the elements of the contract of sale, its characteristics, the conditions of its validity, the settlement, the end and withdrawal from the contract. As far as the contracts of sales are concerned, the Albanian Civil Code foresees only two kinds of contracts of sales, basically the sale of real estates article 750 and the sale of property on bail in article 746. Referring to the kinds of the contracts of sales the business world consistently establishes new ones. Since contract of sale and its kinds are similar and numerous, it is inevitable that they may merge between them and other contracts that deal with the property, therefore the study of these contracts and the problems deriving from them in relation to different institutions of right referring to national and international transactions is very important.

DOI: 10.5901/ajis.2013.v2n9p554