IDEAS home Printed from https://ideas.repec.org/a/sja/journl/v1y2012i1p366-373.html
   My bibliography  Save this article

The Impact Of The Constitutional And Supranational Limitations To The Reformation Of The Albanian Commercial Law

Author

Listed:
  • Rezarta Tahiraj

    () (Law Department, Economic Faculty, Universiteti “Aleksandër Xhuvani” Elbasan, Albania)

  • Aida Gaçe Llozana

    () (Law Department, Economic Faculty, Universiteti “Aleksandër Xhuvani” Elbasan, Albania)

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.

Suggested Citation

  • Rezarta Tahiraj & Aida Gaçe Llozana, 2012. "The Impact Of The Constitutional And Supranational Limitations To The Reformation Of The Albanian Commercial Law," "Perspectives of Business Law” Journal, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 1(1), pages 366-373, December.
  • Handle: RePEc:sja:journl:v:1:y:2012:i:1:p:366-373
    as

    Download full text from publisher

    File URL: http://www.businesslawconference.ro/revista/articole/an1nr1/41%20R.%20Tahiraj%20&%20A.%20Llozana%20Eng.pdf
    Download Restriction: no

    More about this item

    Keywords

    company; merchant; Albanian commercial law; European Law; approximation; harmonization.;

    JEL classification:

    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K20 - Law and Economics - - Regulation and Business Law - - - General

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:sja:journl:v:1:y:2012:i:1:p:366-373. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Catalin-Silviu Sararu). General contact details of provider: http://edirc.repec.org/data/aseeero.html .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.