Heritage Legal, between Albania and Italy

Abstract

Right great heritage, a branch of civil law is very old branch which has been implemented since early Roman times, but evolved from that time until positive today. Our rights as the basis for the call in heritage and provides legal inheritance by law testamentary. Our priority civil is the testament. Civil Code of the Republic of Albania to the contract excludes heritage which foresee almost all European legislation. By addressing the issue of legal heritage in Albania my study focuses on a comparative analysis of legal regulations in the field of heritage with Italian law provided for in the legislation. Purpose of this comparative analysis is the identification of common and main differences between Albanian and father Italian legislation in the field of heritage main legal. The major issues are: Principles the general regulation, the basics of calling the inherited systems of transfer of the hereditary estate, Ability to inherit the role and position and spouse / the survivors, children legitimate, natural and to adopt the deceased, the share of legal heirs depending on their order in the call that we inherited. Inheritance law which applies numerous practice of our country, as set out in this law, acting in the absence of a will, when the will is declared partially or completely invalid accessed trailer or when by the will is disposed only a portion of the hereditary estate. Everyone admits that legal action has been and testament is a legal act or act a little known and used in the our country. Reasons relating to economic and social relations, which in Albania are not shown as contours in typical minimums formations feudal-capitalist.Stagnant intermediate forms, that have significantly impacted the property relations affected the property scheme for the Heritage Institute. According to court statistics, the majority of persons we die without leaving a will, then, hereby conclude that inheritance laws it takes a special importance not only legal but also practical.

DOI: 10.5901/mjss.2016.v7n6p397