THE IMPACT OF THE CONSTITUTIONAL AND SUPRANATIONAL LIMITATIONS TO THE REFORMATION OF THE ALBANIAN COMMERCIAL LAW

Rezarta Tahiraj and Aida Gaçe Llozana ()
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Aida Gaçe Llozana: Law Department, Economic Faculty, Universiteti “Aleksandër Xhuvani” Elbasan, Albania

Perspectives of Law and Public Administration, 2012, vol. 1, issue 1, 366-373

Abstract: In the 21 years, since the beginning of the systemic reforms supported by the international community, Albania, one of the post–socialist countries, has adopted a new legal framework in the field of the commercial law typical for the market economy, laws that are relatively modern which generally reflect modern European traditions and norms as well as compliance with WTO requirements. In fact, the Albanian legal order shows the lack of the Commercial Code the existence of which is more a preference than a need. Many civil law traditions do indeed set out their commercial laws in a separate Commercial Code, although many of the underlying concepts supporting commercial transactions are set forth in the Civil Code, as result to be in the case of Albanian commercial law. Furthermore, the most of the laws in the field of commercial law have been adopted in the shadow of WTO and that of the European Union and if applied would generally harmonize. Recognizing this, support for harmonization and compliance at the legislative level it is offered in way to eliminate the problematic issues emerged by the set of laws approved during the years 1991-1993. In this context, the proposed paper aims to analyse the issue of the impact of the constitutional and supranational limitations to the reformation of the Albanian Commercial Law, an analysis that also is envisaged in the context of the historical evolution of commercial law which it is outlined with the establishment and the improvement of the State and Albanian legal order.

Keywords: company; merchant; Albanian commercial law; European Law; approximation; harmonization. (search for similar items in EconPapers)
JEL-codes: K10 K20 (search for similar items in EconPapers)
Date: 2012
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