Comparative analysis regarding the transcription and registration of Real Estate Transactions according to the legal provisions of the Italian and Albanian Civile Codes

Donalb XibrakuFollow
Ervin PupeFollow

Session

Law

Description

The Transcription institute of Real Estate Transaction, by registering and publishing the private acts (contracts) in the Public Real Estate Register, the legalcomparative analysis ofthe Real Estateprivate acts, which are registrable according to the Italian Civile Code, and their comparison with the transcription deedprovided by Albanian law. The transcription institute has a decisive role, from an economic point of view, referring to the doctrines, judicial practice, and the legal provisions of both legislations. This legal theorical- comparativeanalysis, treatsreal estate transactions of the immovable properties realised with private actsbetween parties, such as bilateral, multilateral or collective contracts, dealing with the transaction of real estate. We have thought to analysesome special acts, non-providedin expressed way,by our legislation such as,the“sale of inheritance”,“Fulfilment instead of obligation”, “Registered Enterprises, etc. These acts are registrable in the public register of Real Estate as provided by the relevant provisions of the Italian law. If these legal provisions were in force in our country, it would effect in resolving the most of the judicial disputes. The intention of these legal comparative-analyses, of this institute, explains the legal functionsof the transcription as well as, the legal effects. Although, it helps us to identify the similarities and the differences, as far as it concern the transcriptible acts in thereal estate public registers. We intend to treat this institute by comparing bothlegislations in order to identify some specific characteristics in the way to find a right solution, and for avoiding the artificial disputes, existence in judicial practise. This Scientific material shall be presented in Civil Law section.

Keywords:

The institute of Transcription, Registered Enterprises, Sale of Inheritance, Fulfilment instead of obligation, Donation contract, bilateral, multilateral or collective contractsPaying Disability, Economic Effectiveness

Session Chair

Albulena Ukimeraj

Session Co-Chair

Behar Selimi

Proceedings Editor

Edmond Hajrizi

ISBN

978-9951-437-69-1

Location

Pristina, Kosovo

Start Date

27-10-2018 1:30 PM

End Date

27-10-2018 3:00 PM

DOI

10.33107/ubt-ic.2018.259

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Oct 27th, 1:30 PM Oct 27th, 3:00 PM

Comparative analysis regarding the transcription and registration of Real Estate Transactions according to the legal provisions of the Italian and Albanian Civile Codes

Pristina, Kosovo

The Transcription institute of Real Estate Transaction, by registering and publishing the private acts (contracts) in the Public Real Estate Register, the legalcomparative analysis ofthe Real Estateprivate acts, which are registrable according to the Italian Civile Code, and their comparison with the transcription deedprovided by Albanian law. The transcription institute has a decisive role, from an economic point of view, referring to the doctrines, judicial practice, and the legal provisions of both legislations. This legal theorical- comparativeanalysis, treatsreal estate transactions of the immovable properties realised with private actsbetween parties, such as bilateral, multilateral or collective contracts, dealing with the transaction of real estate. We have thought to analysesome special acts, non-providedin expressed way,by our legislation such as,the“sale of inheritance”,“Fulfilment instead of obligation”, “Registered Enterprises, etc. These acts are registrable in the public register of Real Estate as provided by the relevant provisions of the Italian law. If these legal provisions were in force in our country, it would effect in resolving the most of the judicial disputes. The intention of these legal comparative-analyses, of this institute, explains the legal functionsof the transcription as well as, the legal effects. Although, it helps us to identify the similarities and the differences, as far as it concern the transcriptible acts in thereal estate public registers. We intend to treat this institute by comparing bothlegislations in order to identify some specific characteristics in the way to find a right solution, and for avoiding the artificial disputes, existence in judicial practise. This Scientific material shall be presented in Civil Law section.