The Property Law in Countries in Transition, Taking Albania of after ’90 Years as Reference

Abstract

One of the characteristics that the researchers of the counties in post-communist transition address to these counties is the transformation of the property’s form from the model of national property into model constituting on the combination of public property with that private. The most part of the effects of this transition are even the variations into legal framework accompanying this process, as well as juridical conception of the property’s law. From the studies carried out it is noted that the transition doesn’t have the same impact and outcomes in these post-communist countries by the point of view of property’s law. Some countries have passed a fastest and smooth transition; meantime some others have passed, or are jet under through a difficult and problematic transition. The studies reached the conclusion that the property’s law has suffered variations, but these changes are frequently problematic for each post-communist country, not-reflecting the same shapes observed on other post-communist countries in transition, and the concept and current practices related to the property’s law in Albania remain jet opened to be improved, and bringing them in conformity with standards of European law. The matter remaining opened to the debate is, so, that of identifying the factors which have contributed in that field and the distinguishing among them for the countries in transition and the property’s law in post-communist countries. This research tends to treat changes on property’s law in the context of the transition of Albanian society. It intends to identify which have been the variations regarding to the property’s law, if those changes are the same or different from those happened in other post-communist countries in transition, and how the happened changes comply with historical and modern concept of the property’s law. The examination of these changes is expanded into a period of 20 years (1990-2010) focusing in legal framework of the property’s law.

DOI: 10.5901/mjss.2014.v5n3p204