The Joint Ownership and the Prediction of the Right of First Refusal in Some Laws and Judicial Practices in Albania

Abstract

The property relations stand at the basis of the normal development and of the consolidation of the socio-economic report in a democratic society which relies on the market economy. The property can belong to a single person or to two or more people, which is defined as co-ownership of some individuals over one or more possessions as well as legal rights over the possession or shares. The foundation of the co-ownership state is achieved by the will of some people who willingly have agreed about their contribution in the common enterprise, respective parts, the kind of shares, membership fees etc. But, joint ownership can be established without owner / s the willingness. Such a prediction is made by the Albanian legislation in the Civil Code, in the law about “The Return and the Compensation of the Property” as well as in the law “About the Traders and Trade organizations” in which the right of first refusal is provided as a form of issuing the shares due to the increase or expand of the capital. Quite often, there have been problems and lack of clarity related to the implementation of the right of first refusal or about the distinction in the definition of this right by law. These problems have been topics of discussion in our courts of law and will be at the basis of the analysis of this paper.

DOI: 10.5901/mjss.2014.v5n20p291