Necessary Passage: A Comparative Analysis between the legislation of Kosovo and Albania
Abstract
This abstract analyzes the concept and practice of mandatory transition in the civil laws of Albania and Kosovo. In the context of property justice, necessary passage refers to the need to seek and allow passage is necessary for great economic benefit to the owner of the privileged thing. The comparative analysis based on the legal provisions of the Albanian Civil Code and the law on ownership and other real rights in Kosovo marks the differences and similarities in interpretations and judicial practice regarding this issue. Through an in-depth look at these laws, it is determined how they differ from and relate to the legal tradition of easements in both countries, including the criteria and conditions for allowing and compensating for necessary passage. In the end, the paper argues for the importance of this institute in maintaining the balance of rights and interests of real estate and owners in different legal and social contexts.
References
Law No. 03/L-154 ON PROPERTY AND OTHER REAL RIGHTS/ (Microsoft Word - T-Ligji per pron353sin353 dhe te drejtat tjera sendore-anglisht.doc) (rks-gov.net).
Kodi Civil I Republikës së Shqipërisë Kodi Civil.pmd (qkb.gov.al).
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