Civil Code

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  • Country: Albania
  • Language: English
  • Document Type: Domestic Law or Regulation
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BOOK ONE – General Part
Title 1 Subjects ( persons/entities affected)
Chap I Natural Persons (Articles 1-23)
Chap II Legal Entities (24-63)
Title 2 Representation (Agency)
Chap I Agency Relationships – Types (64-78)
Title 3 Legal Transactions (Contracts) (79-111)
Title 4 Prescription
(Laches, Statutes of Limitations, Adverse Possession)
SECOND PART (Pjesa e Dyte)
BOOK TWO – Ownership and Property
Title 1 Definitions of Property (141-148)
1. Immovable and Movable Property
2. Natural power resources
3. Rights relating to immovable and movable property
4. Registration (recording) of property title
5. Fixtures (appurtenances) – definition
6. Fixtures – transactions in
7. Property to be severed from Realty
“natural fruits” = goods
“civil fruits” = rents
8. Ownership of property severed from Realty
Title 2 Ownership (149-198)
Chap I General Provisions (149-161)
– use and enjoyment
– who may own

2 – not to harm others
– taking for public use
– surface subsurface and air rights
Chap II Acquisition and Loss of Ownership (162-191)
Chap III Registration of Real Estate (192-198)
Title 3 Co-ownership (199-231)
Chap I Partial co-ownership (199-208)
Chap II Complete co-ownership (209-231)

Title 4 Usufruct (Rights to beneficial possessions of
non-owned property) (232-
Chap I General Provisions (232-236)
Chap II Rights of Parties (237-245)
Chap III Obligations of Parties (246-254)
Chap IV Termination
Title 5 Usage and Habitation Rights (539)
(family needs and dwelling)
Title 6 Servitudes (Easements) (539-544)
Chap I General Provisions (539)
Chap II Compulsory Servitudes (539-542)
Chap III Voluntary Servitudes (542-543)
Chap IV Operation and Protection of Servitudes (543-544)
Chap V Extinguishment of servitudes (544)
Title 7 Remedies for ownership (544-546)
Title 8 Beneficial Possession (546-548)
Chap I General Provisions (546-547)
Chap II Remedies for Beneficial Possession and Maintenance (547-548)
THIRD PART (Pjesa e Trete)
BOOK THREE – Inheritance
Title 1 General Provisions (548-554)
Title 2 Intestacy (554-555)
Title 3 Testamentary Dispositions (556-562)

3 FOURTH PART (Pjesa e Katert)
BOOK FOUR – Obligations
Title 1 General Provisions (562-568)
Chap I Definition and Creation of obligations (562-563)
Chap II Joint Obligations (563-565)
Chap III Alternative Obligations (565-566)
Chap IV Divisible and Indivisible Obligations (566-567)
Chap V Pecuniary Obligations (567-568)
Title 2 Performance and Satisfaction of Obligations
Chap I Performance of obligations (568-571)
Chap II Effect of Non-Performance of obligations (571-574)
Chap III Assignment and subrogation (575-576)
Chap IV Satisfaction of obligation (576-579)
Title 3 Remedies for Non-Performance
Chap I General Provision (579-581)
Chap II Penalty Clauses (581)
Chap III Pledges (581-583)
Chap IV Mortgages
Chap V Suretyship (guarantees)
Chap VI Creditois Remedies
Title 4 Torts
Chap I General Provisions
Chap II Product Liability
Chap III Damages
Title 5 Managements of the Affairs of Others
Title 6 Payments by Mistake
Title 7 Unjust Enrichment

4 FIFTH PART (Pjesa e peste)
BOOK FIVE – Contracts
Title 1 Contracts in General
Chap I General Provisions
(definition and requirements for contractual validity)
Chap II Interpretation of Contracts
Chap III Binding Effects of Contracts

Title 2 Types of Contracts
Chap I Sales
Chap II Barter
Chap III Gifts
Chap IV Requirements (Supply)
Chap V Emphyteusis (Enfiteoza) Landed Estate Leases
Chap VI Leases
Chap VII Personal Service Contracts
Chap VIII Transportation
Chap IX Borrowing/Lending
Chap X Powers of Attorney
Chap XI Undisclosed Principals
Chap XII Freight Agents
Chap XIII Agency
Chap XIV Composition Agreements/Creditors
Chap XV Brokers
Chap XVI Bailments
Chap XVII Account stated
Chap XVIII Bank Deposits (cash or securities)
Chap XIX Loan agreements
Chap XX Amuity Contracts
Chap XXI Franchising
Chap XXII Simple Partnerships

5 Based on article 16 of law No. 7491 date 29.04.1991 “For the Main Constitutional

≅≅ ≅, with the proposal of Council of Ministers.

≅≅ ≅
A. Juridical Capacity
Article 1
Every physical person enjoys full and equal capacity in order to have civil rights and
obligations, within the limits defined by the law.
Article 2
Juridical capacity is acquired at the time the person is born alive and ends with his death.
When the child is born alive, it enjoys judicial capacity from the time of the pregnancy.
Article 3
The foreigners acquire the same rights and obligations as those recognized to the
Albanian citizens, besides exceptions provided by the law.
Article 4
Civil rights of a physical person can not be limited, except exclusions provided by law.
The juridical action that places limits to the legal capacity of a physical person is invalid.

6 B. The right of name
Article 5
Every physical person has the right and obligation to have his name and surname, which
are put according to the law. The person, to whom their use is negated or intruded by the unjust
use the others made of his name, may demand from the court the use of his name or surname, end
of the intrusion and re-compensation of the respective damages made to him.
This demand may be represented even from persons who although do not keep the name
or surname which is intruded or unjustly used, have familiar interests worthy to be protected.
The court, when accepts the suit, orders the publication of the decision in the Official
Gazette. Upon the request of the plaintiff, the court may order the publication of its decision
even in other newspapers. The pseudonym used by the physical persons enjoys the same
C. The capacity to act
Article 6
The person who reaches eighteen years old wins the full rights so that by his acts he gains
rights and holds civil obligations.
The full capacity to act is gained through marriage by the wife who has not reached the
age of eighteen years. She does not loose this capacity even when the marriage is declared
invalid or divorced before reaching the age of eighteen years old.
Article 7
The infant, who has not reached fourteen years old, can perform legal actions by the
previous approval of his or her legal representative. However, he can be member of social
organization, posses everything he gains by his work, to deposit his savings and to posses these
deposits himself.
Article 8
The infant, who has not reached fourteen years old, has no capacity to act. He can
perform legal transactions that are suitable for his age and are fulfilled at instance, as well as
legal transactions that bring benefits without any compensation. Other juridical transactions are
performed on his behalf by his legal representative.
Article 9
The infant of fourteen to eighteen years who is unable to carry out his own affairs because
of psychic diseases or mental illness is deprived of the capacity to perform legal transactions a

7 court decision. These transactions can be performed through his legal representative.
Article 10
The full of age person who completely or partly has not the capacity to care for his own
affairs because of a physic disease or mental illness can be deprived of or there can be placed
limits to the capacity to perform legal transactions by the decision of court.
Article 11
The juridical transaction that limits the capacity to act is not valid.
C. Residence and Reside-place
Article 12
Habitation is the place where a person because of his work or permanent service, his
property assent or fulfillment of his interests, stays usually or for the most pert of the time.
Every full of age person has the right to decide freely for his residence. The person can
not possess at the same time more than one residence. This provision is not applied for the
residence of the activity of a businessman.
Article 13
The infant who has not reached the age of fourteen years has for residence that of his
When parents possess several residences, their child under fourteen years has for
residence the one of the parent he lives with.
The person to whom capacity to act is deprived and the children are under patronage, the
last ones have for residence that of their legal representative.
Article 14
The residing place is the place where the person performs a work or other defined duties,
to attend a respective school or course, to be given health care, to suffer a criminal sentence and
other cases of this nature.

8 D. The announcement of disappearance and the death of a person.
Article 15
The person who has disappeared from his residence or his last residing place and for
whom there is no news for more than two years, then by the demand of any interested person he
can be declared a disappeared person by the decision of the court.
When the date of the last news can not be decided, the above mentioned term starts from
the date of successor month during which is informed for the last time. When the month can be
not decided, then the term begins from January 1 of the following year.
Article 16
With the announcement of disappearance of a person there is appointed a tutor for the
administration of the property.
The decision of the court by which a person is declared disappeared is published in the
Official Gazette and is sent for registration to the respective registry office.
Article 17
The person who is declared disappeared, with the demand of every interested person can
be declared a dead person by the decision of the court when four years have passed without news
from the date when he is declared disappeared.
Article 18
The person missing in military action and this missing is verified by the competent
military organs, in case when there have passed two years without news from the date when the
agreement of peace has entered into force or three years from the end of military actions, then he
can be declared dead by the decision of the court, without declaring him disappeared in advance.
Article 19
The person missing during a natural disaster or in circumstances which make believe he
is dead can be declared dead by the decision of court when there have passed two years without
news from the date of disaster, without declaring him disappeared in advance.
When the date of disaster has not been decided, the two year term starts from date 1 of the
month which comes after the one when disaster has taken place, and when even the month can
not be decided, then the term starts from date 1 January of following year.
Article 20
When two or more persons have died and it can be not proved as to who died first, then

9 for legal effect they are considered to have died at the same time.
Article 21
When the death of a disappeared person is declare, there is decided the date when it
happened. When this date can not be exactly verified, the court decides it according to the rules
provided by the articles of this code.
Upon the demand of every interested persons, the court which has given the decision can
change the date of death when there is verified that the person has died in another date.
Article 22
The death announced by the decision of the court is equal to all legal consequences of the real
The decision of the court in which a person is declared dead is published in the Official
Book and is sent for registration to the respective registry office.
Article 23
When the person declared dead happens to be alive, by his or every interested person
demand, the decision is renounced by the court which has issued it.
The person who is alive has the right to demand his property and the property gained by
its means, even from third persons to whom this property has passed because of the death
announcement, within the limits and conditions provided by this code or family code.
A. General Provisions
Content of juridical personality
Article 24
Juridical personalities are public and private.
Article 25
Public juridical personalities are the state institutions and enterprises which are self
financed or from the budget of state, as well as other public institutions considered by the law as
juridical personality.
State establishments and institutions, which do not follow economic purposes are not registered.

10 Article 26
Private juridical personalities are the associations, organizations, foundations, companies
and other establishments of private character which acquire juridical personality in the way
provided by law.
Name of juridical personality
Article 27
The juridical personality has its own full and abbreviated name. The name of every
company or other organization is its firm which especially must express the intention of this
The residence of legal entity
Article 28
The residence of juridical personality is situated where its directing organ is, besides
cases when it is differently provided for in the statute or establishment act.
The capacity of juridical personality
Article 29
The juridical personality has the capacity to gain rights and to carry civil obligations from
the moment of its establishment and, when law provides that it must be registered, from the
moment of registration.
Article 30
The juridical personality can conduct any juridical action allowed by law, in the
document of the establishment or in the statute.
Article 31
The juridical personality acts through its organs provided by law, in the document of the
establishment or in the statute, which expresses its will. The legal transactions performed by the
organs of juridical personality, within their competence, are considered as performed by the

11 juridical personality itself.
Liability of juridical personality
Article 32
The juridical personality is liable for the damages caused by its organs during the period
of the fulfillment of their duties.
The legal entity is responsible for its obligations within limits of its property.
Persons who has acted with the quality of the organ of a juridical personality, have
personal liability to re-compensate damages caused by their fault.
Article 33
The state and state juridical entities are not responsible for the obligations to each other,
besides cases when it is accepted by them or expressively provided by law.
The termination of a juridical personality
Article 34
The juridical personality terminates according to the way defined in document of
establishment, in the statute or law.
With the termination, the legal entity stops its activity and is put under liquidation.
The exceed of rights and obligations in case of termination of legal entity, for which is required
registratio, brings consequences from the time of registration.
When is not required registration, the exceed of rights and obligations in cases foreseen
by the above mentioned paragraphe, brings consequences from time of approvement of the
respective balance-sheet, at the way foreseen by law, from the respective organ which has
established it or in atatute.

12 Liquidation of legal entity
Article 37
The liquidation of legal entity is done by the fulfilment of rights and payment of
obligatins from the comission of liquidation, decided by the organ which has decided its
termination. The commision makes the liquidation in conformity with legal provisions, statute or
instrument of incorporation.
Article 38
When the legal entity terminates because of illegal activity, the remaining property after
the liquidation goes to state.
The liquidation of the legal entity that has been bankcrupt is regulated by law.
B. Associations
Establishment of Associations
Article 39
Associations are social organizations that pursue political, scientific, cultural, religious,
charitable, or any other non-profit goals.
Article 40
The will of the founding members is expressed in the statute of the association, which
must be in writing and must contain in particular:
a) the name and purpose of the association, its center, and territory where it will conduct
its activity;
b) the conditions of admission and removal of members, as well as their obligations and
c) the management organs of the association, the manner of their establishment, and their
ç) the terms, the manner of notification, and competencies of general meetings and the
d) the sources of funding, as well as the contributions and dues which are required from
each member.
dh) the manner in which the statute is amended and the association is terminated.

13 Article 41
After a meeting of the founders has approved the statute and established its managing
organ, the association must file a request for registration at the district court of the district where
the association will center its activity.
The court checks statute for its conformity with law.
Article 42
The association is recognized as legal entity as of the date the competent court has
approved and registered it. Until this date, the founders of the association may perform the acts
that are necessary for its organization, such as summoning members, holding meetings of the
founders, and establishing management organs.
Article 43
The associations can have their branches in those district, communes or cities where they
have the number of members foreseen in their statute.
Organization of the Association
Article 44
The general meeting of the members, or their representatives, is the highest organ of
It is called by the managing organ in accordance with the respective provisions of the
statute, and when it is demanded by 1/5 of its members.
Article 45
The general meeting decides upon the admission or expulsion of members and all other
matters not specifically within the jurisdiction of any other organ of association.
In particular, it supervises the collection of income, the actions of the association, and the
property of the association.
Article 46
All members of association have an equal vote in the general meeting.
Decisions are taken by the majority vote of the members present at the meeting. To
amend the statute of the association, expel a member, or dissolve the association, at least 3/4 of
the members must be present at the meeting, unless the statute provides otherwise..

14 Article 47
The management organ has the right to care for the interests of the association, to protect
them, and to represent the association in conformity with the competencies provided in the
Membership in the Association
Article 48
Candidates for membership, who fulfil the necessary conditions, may be admitted at any
The right to resign is guaranteed, however, notice of resignation must be presented at
least six months before the end of the calendar year, or within the term specified by statute.
Article 49
The membership rights in an association cannot be alienated or transferred by inheritance.
Article 50
The members who have resigned or been expelled from the association have no right to
the capital or basic property of the association. However, they do have the obligation to pay dues
for the time period in which they were members of the association.
Article 51
Every member has the right to reject any decision of association which is contrary to law
or the statute. Members have one month from the day they received notice of the decision to
reject it.
Article 52
An association may be dissolved by the following:
a) a decision of a special session of the general meeting ;
b) the number of members falls below the number specified in the statute, or when its
purpose is fulfilled, or it has become impossible to fulfill it;
c) the association becomes insolvent;
ç) a competent court decides that the association does not intend to fulfill the purposes
specified in the statute or the association has started an illegal activity .

15 Article 53
When it is determined that an association should be dissolved, its registration is canceled,
it ceases its activity, and it placed under liquidation by a commission of liquidation, which is
established and acts according to the respective rules in force.
Manner of Formation
Article 54
The foundation is established to achieve a specific, socially beneficial purpose.
Foundations may be established by physical persons (natural persons) and legal entities, both
native and foreign. They are established by a notarized act or by a will.
Article 55
The founders register the statute of the foundation at the district court of the district
where the foundation has its center.
The statute describes specifically the names of the founders, the purpose of the
foundation, initial capital contributions (cash, vouchers, movable and immovable property),
sources and methods of financing, management organs and their competencies, and the names of
the administrators.
Article 56
A foundation has a legal personality as of the day of its registration.
Foundations are prohibited from engaging in profitable activities.
Article 57
Prior to the registration or the start of the respective activity, the founders may cancel the
statute of the foundation.
Heirs or creditors of the founders may object to the statute of the foundation.
Administration of the Foundation
Article 58
The statute of the foundation defines the organs of the foundation, their method of
establishment, and their powers.
Every foundation exercises its activity based on the provisions of legislation in force and

16 its statute.
Article 59
Foundations are supervised by the state institutions that are directly involved in their area
of activity.
These state institutions are specifically charged with ensuring that the monetary funds and
other property of the foundation are employed in accordance with the purposes of the foundation.
Article 60
The head of the supervising institution has the right to demand in the competent court that
the decision of a foundation organ be annulled when it clearly contradicts the relevant purposes
or legal provisions or the statute of the foundation.
The court can suspend the execution of this decision until the court renders a final
Article 61
Property disagreements, to which the foundation is a party, are to be resolved in the
competent court.
Article 62
A foundation is dissolved:
a) based on law, when the purpose for which it was established is fulfilled or can no
longer be fulfilled;
b) by the decision of court when is verified that the foundation has started to engage in
illegal or immoral activity;
The dissolution of a foundation can be sought by the head of the supervising institution or
any other interested subject.
Article 63
For properties that remain following the dissolution of a foundation, at the request of the
supervising institution or any other interested person, the court decides upon their disposition
taking in consideration their uses and the main purpose for which the foundation was created.


Article 64
By the representation a person (representative) performs within the rights given by law, by proxy
or court, legal transactions in the name and for the account of a physical person or legal entity,
another one (thee represented).
The representation is not permitted when the juridical transaction must be performed by the
person himself, according to law.
The person who has not full capacity to act can be not a representant.
The limits and consequences of representation
Article 65
The rights of representation, legal one, are defined by provisions of law which give this quality,
while the right of represntant appointed by the represented person are defined by proxy.
The rights of representation can be extracted even from the circumstances in which are
performed the respective legal transactions.
Article 66
The legal transactions performed by the representant, within the given rights, create direct
consequences for the represented
Article 67
The representant can not perform legal transactions on his or represented person=s name by
himself or by other persons represented by him, beside cases when the represented person has
allowed it expressively, or when the content of the legal transaction does not intrude his interests.
Article 68
When for the performance of a legal transaction are appointed two or more persons, each of them
can perform it without the participation of the other representatives, wxcept when in proxy it is

18 differently foreseen.
Article 69
The representative is obliged to act personally and he can appoint no vice, exept when it is
allowed by the represented person, when the mentioned property in proxy is situated out of
district where lives the representative,and when the appointment of vice is necessary for the
protectin of the interests of the represented person.
The representative must inform at once the represented person about the vice he has appointed,
otherwise he is responsible for the acts of his vice.
The vice can be drawn back at any time by the represented person or the representatice who has
appointed him.
Representation by proxy
Article 70
Proxy is the document in which the represented person, by his free will, has defined the character
and volume of rights given to the respective.
Article 71
The proxy is general when the represented person has given to the representative the rights to
perform different legal transactions which have to do with the entirety of rights of the represented
person, besides the ones which are expressively excluded by him. Proxy is special when the
represented has given to representative the right to perform one or some defined legal
transactions which are characterized by a common aim.
The proxy is done always by official document.
Article 72
Every proxy to sign a contract, according to law can be done only by a notarial act, it must be
compiled in this form, otherwise it is not valid. Even the proxy to perform the acts in court and
other state institutions must be done by a noterial act, except when legal provisions allow it to be
done by a simple official document. The proxy on the name of public or private legal entities can
be done even by the signature of their director and the respective stample, except when law
demands that the legal transaction must be done by a noterial act.
Article 73
The proxy to take post dispatches or money from post offices or banks, until an amount defined
by them, the proxy to take wages and other recompensations sourcing from the labour relations,
and also the proxy to take pensions, aids, stipends, can be verified even by:
a) the administrator of the quarter or the village dignitary;
b) the director of legal enity or its branch, where the represented person works or attends the
c) the director of medical institution where is given health attendance to the represented person;
d)the command of military unit where serves the represented person;

19 dh)the director of the institution where the represented person is kept under arrest or suffers the
condemn of imprisonment.
Article 74
Changes in proxy must known to third parties by the proper means.
In absence of this information, these changes can not go against third parties, except when it is
proved that they knew the changes in the proxy at the time when was performed the legal
Article 75
The represented person can abrogate the proxy (make it not valid) and the representative can
draw back from it at any time. Every contrary agreement is not valid.
Termination of proxy
The proxy ends when:
a) Representative has performed the legal transaction for which the proxy was given;
b) Is fulfiled the term for which proxy was given;
c) When has died the representative or the represented, or when one of them has lost the capacity
to act;
d) Has terminated the representive or the represented legal entity;
dh) When the represented has abrogated proxy or the representative has withdrawn from it;
After the termination of proxy the representative, with the demand of the represented, must give
back to him the act of proxy.
Article 77
Representation after the changes or termination of proxy
The legal transactions performed by the representative, after changes to proxy or after its
termination, are obligatory for the represented or his heirs, in case when third parties with whom
are performed the legal transactions were not informed of changes of proxy or termination of
Article 78
Representation without rights.
When a legal entity (juridical person) or physical person acts as representative without possessing
this quality, and even when the representative has overcome rughts given to him, then the legal
transaction performed in these conditions is not obligatory for the person on whose name are
performed the acts, exept when he has approved it later.
When the approvement is given, the third person who was in good will has the right to demand
recompensation of the demages from the representative.

Article 79
The legal transaction is the legal expression of will of the physical person or legal entity, which
aims to create, change or cease the civil rights and obligations.
The legal transaction can be partial or bilateral.
Form of legal transaction.
Article 80
The legal transaction can be by hand writing, by speaking and any other undoubtful expression of
The official document can be simple or notarial act.
Article 81
The legal transaction by official document must be signed by the person who performs it.
Article 82
The person who does not know, or because of diseases, or mental diseases can not sign, charges
another person to do it. The signature of this person must be verified by the notary, explaining
the reason for which the person has not signed himself the legal transaction performed by himself
For the acts in the bank or other credit institutions, in the post or customary offices, the signature
of this person is verified by an official authorized by these institutions.
Article 83
The legal transaction to transfer ownership of the immovable properties and the rights in rem
over them, must be done by a notarial act and registered, otherwise it is not valid.
It is not valid the legal transaction which is not done in the form expressively demanded by law.
In other cases the legal transaction is valid but it can be not proved by witnesses.
Conditional legal transactions.
Article 84
The legal transaction is conditioned when the derivation or extinguishment of rights and
obligations foreseen in it depends from the event which is not known if it would happen.

21 Article 85
The condition is of a suspense character when the rights and obligations derive if the event would
The condition is resolvable when the rights and obligations extinguish if the event would happen.
Article 86
When the verification of condition is prevented by bad faith from the party which would profit
from the non verification, then the condition is considered verified.
When the verification of condition is caused by bad faith from the party which would profit from
its verification, then the condition is considered not varefied.
Article 87
When the right which depends from the verification of condition is intruded or lost because of
acts of obligated party with condition, them it must recompensate the damage in case when the
condition is verified.
Article 88
The consequences related to the verification of condition start from the moment when the
condition is verified, except when from the content of legal transaction comes that these
consequeces must start at a previous time.
Legal transaction by term
Article 89
The term of the legal transaction is the defined moment from which begins or extinguishes legal
power or some of its effects.
Article 90
The term is suspensive when in the legal transaction there is foreseen that its consequences start
from a defined moment.
The term is resolvable when in the legal transaction is foreseen that its consequences extinguish
at a defined moment.
Account of terms of the legal transactions.
Article 91
When there are decided the days of term it is not accounted the day when event took place or the
time from which it must start.
The term decided by weeks, months or years, ends by the termination of that day of last week or

22 month which has the same name or number with the day when it has started. When such a day
lacks, then the term ends at the last day of the last month.
When last daay of term is holiday the termends at the coming working date, after that of holiday.
In validity of legal transactions.
Article 92
The ivalid legal transaction do not create any legal consequence.
Such ones are those which:
a) come clearly against an ordering provision of law;
b) are performed to defraud the law;
c) are performed by infants under age of fourteen;
d) are done in agreement between parties without aiming to bring legal consequences (fictive or
Article 93
When a legal transaction is performed with the aim to cover another legal transaction, then the
last one is valid if it fulfils all necessary conditions for its validity. The simulated or fictive does
not harm third parties who at good faith have acquired rights based on it.
Article 94
Legal transactions declared as invalid
Annuled are considered the legal transactions which are valid until the court, by the request of
the interested, declares them invalid. Such ones are legal transactions performed by:
a) Infants over age of fourteen, when the juridical transaction is performed without the assent of
parent or tutor.
b) Persons who because of mental diseases or defects have no capacity to act or it is taken off,
when the legal transaction is performed by them without the assent of the protector.
c)persons who at the moment of performance of the legal transaction were not conscient of
importance of their acts, besides the fact that at that time there was not teken off the capacity to
The annulment of these acts can be demanded even after the death of respective person, but only
when before deth was demanded the abolitio of the capacity to act.
D) person who has committed a legal transaction beeing defrauded,
threatened, who has mistaken or because of great necessity.
Article 95
The defraud cuses the declaration as invalid of a legal transaction, when the life of one party to
bring the other party fall into error is as important as to perform the juridical transaction by it
When defraud is committed by third party, the defrauded party can demand the invalidity of legal

23 transaction only when at the moment of its commitment the other party was informed or would
have to be informed of the defraud.
Article 96
The threa brings the declaration of legal transaction as invalid, when it consists on grave and
unjust physical and material harm and damage to spouse, forerunnerrs and succesors of family.
The threa can be performed by a third party who does not take part in the legal transaction.
Article 97
The error (to go out of one=s wits) can cause the declaration as invalid of legal transaction only
when it is related to quality of thing, identity or quality of the other person or circumstances as
assencial as without them the party would have not performed the legal transaction.
Article 98
The error in the account does not bring the declaration as invalid of the legal transaction, but it
brings only its correction, except when the error in its volume has been decisive for this
Article 99
The legal transaction can be declared invalid in the case when because of the great necessity,the
obligations of one party are regardless compared with the profits the other party gains from the
legal transaction.
Article 100
The legal transaction performed by the representative can be declared as invalid by the demand
of the represented person when there is a vicious character in the will of the representative.When
the vice has to do with elements defined by the represented person, the legal transaction can be
declared as invalid only when under vice was the will of the last one.
Article 101
When in the legal transaction is important the definition bad or good faith, conscience or
incosciece of certain circumstances which consist in valid or invalid decisive conditions of the
legal transaction, there is kept in consideration the person of representative, except when it is
about the circumstances defined by the represented.
Article 102
Legal transaction committed against the represented because of a bad faith agreement between
the representetive and third party can be declared as invalid for the represented.
Article 103
The action to demand the invalidity of a legal transaction is prescripted within five years.

24 Article 104
The term to bring an action starts:
a) for legal transaction performed by persons without legal capacity or limited capacity to act,
since the day they are full of age or when was given back the capacity to act;
b) for legal transaction performed under defraud, threat or error, from the day when defraud or
error was revealed, or the threat has ended, but for for any case not more than three years from
the day when was performed the legal transaction;
c) for the other cases, from the day when the legal transaction was performed.
Article 105
The legal transaction declared as invalid is considered as such from the moment it was
Consequences of invalidity of the legal transaction.
Article 106
When the legal transaction is invalid because of reason that it comes against the law, or it is done
with the aim to defraud the law, everything parties has given to each other will pass into the
incomes of state and when it is not possible to get the proper, then there is demanded its value.
When one of parties has transacted in good faith, the court can decide the return of things given
by this party and when it is not possible there must be paid its value.
Article 107
When the legal transaction is declared invalid because of its performance by defraud, threaten,
great necessity or because there lacks the form required by the law, each party must give back to
the other party everything taken and when it is not possible to return the proper thng, then there
must be paid the value of it.
When legal transaction is ascertined to be invalid because it is performed by an infant who has
not accomplished the age of fourteen or is declared invalid because it is performed by an infant
who has accomplished the age of fourteen but without the consent of parent or tutor, each of the
parties is obligated to return back averything taken from the other, and when it is not possible,
then there must be paid the value. Beside this the party which has the capacity to act is obligated
to recompensate the damage to the infant which is caused to him because the legal transaction is
ascertained to be or is declared invalid.
Article 109
When the legal transaction is declared invalid because it is performed by a person to whom is
completely taken off the capacity to act or because it is performed by a person with limited
capacity to act without the consent of his protector, or because it is performed by person without
having the coscience of importnce of his acts, each is obligated to return back everything taken

25 from the other one and when its not possible to return the proper thing then there must be paid its
value. Besides this the party which had the capacity to act is obligated to give back to other party
the demage it has undergone because of the legal transaction which is declared invalid, in case
when it was informed or could have been informed that the other side had no capacity to act or
had no conscience of importance of its acts.
Article 110
When the legal transaction is declar3d invalid because one of the parties was in error, each of the
parties is obligated to return back everything they have taken from each other and when there is
not possibitity to return the proper thing then it must be paid. Beside this the party which has
demanded the invalidity of legal transactions is obligated to recompensate the damage to the
other party it has undergone because of the declaration of legal transaction as invalid, except the
case when it proves that it has not fault for the fall into error or that the other party was informed
or would have been infomed of the error.
Article 111
When the cause of invalidity influences only a part of legal transaction, this remains valid for the
other parts, besides when according to the content of legal transaction these parts represent
indivisible relation with the invalid part of the legal transaction.
Article 112
The right of action which is not exercised within the term defined by law extinguishes and can be
not fulfiled any more through another court or competet organ.
Article 113
There are not prescribed:
a) action to resettle or to protect a not property personal right, except excludings which are
defined by law;
b) action for the proportion between joint – owners;
c) action to take back the amounts deposed in the bank;
d) other actions foreseen by special provisions;
There are not prescribed even the demand for the obligatory execution of decisions linked with
the action, for which is not applicated the prescription.

26 Terms of prescription
Article 114
When it is not differently foreseen by the law, there are prescribe all actions between legal
entities within ten years, betwen them and physical persons and also between the physical
Article 115
There it is not prescribed within terms of:
a) six months are actions for the payment of fines assessing penal conditions;
b) one year are actions deriving from the contracts of spedition;
c) six months are actions deriving fromthe direct transport of goods and travellers by railway,
autoveicles or airplanes and the mixt ones.
d) two years are actions for the oayment of recompensations after the insurance and reinsurance
contracts and the respective amount deriving from the obligatory insurance;
dh) three years are actions for payment of rent of appartments, shops, bars and other immovable
e) three years are actions for payment of non contractual damage and the actionsfor for the return
of property profit without rights;
Other actions are prescribed within specialdefined term in this code or in other laws.
Article 116
It is invalid the agreement of parties to change terms of prescription and any other aprovision of
this chapter.
Article 117
Term of prescription starts from the day when the subject acquires the right to bring into action.
Article 118
In the contractual obligations signed under a term of execution, the prescription of the action
starts from the daw when this term is over.
When the obligation consists on periodical payments, for each of them the term of prescription
starts in a special manner.
For contractual obligations without terms and for the obligations which are executed with the
request of creditor, the term of prescription starts from the day when the obligation was on.
Article 119
For the demand of the thing, the prescription of action starts from the day when the owner was
informed or must have been informed of the defrraud and the defrauder of his right.

27 Article 120
For the demand of recompensation of non contractual damage the prescription of action starts
from the day when the harmed person was informed or must have been informed of the damage
he received or the person who has caused it.
Article 121
For the return of amount of moneyor or thing saved or profited without reason, the prescription
of action starts from the day when the damage ed person was informed or must have been
informed of the saving or profit without reason which is fulfiled by the respective person.

Article 122
For the demand of inheritance the prescription of action starts from the day when the inheritage is
Aticle 123
For actions of return (regresive) the prescription of action starts from the day when the one who
has bring to action has paid voluntarily, on basis of a legal or contractual obligation, to third
person the amount of money or value of thing demanded by this action, because of fault of
person who has received the action, or from the day when is given the decision of court or the
respective arbitrage from which has derived the action of regres.
Article 124
The prescription of action for the main demand brings the prescription of other actions deriving
from it, despite the fact that for these is not terminated the respective term.
Article 125
The completed prescription is not taken in consideration from the court or the other competent
organ on their inisiative, but only with the demand of the interested party.
Article 126
The withdrawal from prescription is allowed only when is fulfiled its term.
Article 127
The pretention that term of prescription is fulfiled can be exercised even by the creditors and any
one interested, in cases when the respective party has exercised it itself.
Article 128
The debtor who has fulfiled his obligations after the completely of prescription can not demand
the return of the amount of money or thing, given by him voluntarily, even if he did not know
that the term of prescription was fulfiled.

Suspension of prescription.
Article 129
The prescription is suspend:
a) between spouses until the day when is given the peremtory verdict by which is dissoluted the
b) between children and parents until the last ones exercise the right of parent;
c) between persons who are under protectorship and protectors until the protectorship ends;
d) for actions of persons, whose property is put under administration against the respective
administrate appointed by the court or any other competent organ of state, until there is approved
the final report of accounts;
dh) for actions of infants and other persons, who have no capacity to act until the appointment of
their representative or until they acqyire this capacity, and also for six months after the daw when
is appointed their representative or they have acquired the capacity to act.
e) for actions of legal entity against his administrators until they continue to work beside him.
f) for action with the object of respective recompensation, deriving from bad helth or death, the
suspension of prescription starts from the day when is represented the demand to the atate social
insurance organs until the day when is fixed the pension or is refuse the demand.
g) when it has major power.
Article 130
The period of suspension is not taken into the account of the term of prescription. When after the
extinguishment of the reason of suspense, the remaining time for the comletement of prescription
is less than six months, then it is prolonged until six months.
The interruption of prescription
Article 131
The prescription is interrupted:
a) by any act of the obligated legal entity or physical person which expresses the exact and full
recognition of the right of creditor.
b) by the representation of action, counter action or rejection even to a court or arbitrage which is
not competent from the subject and territorial point of view for the exemination of the question.
c) by any act which puts the debtor in retardiness.

29 d) by the representation of demand for the obligatory execution of legal decision or any other
executive title.
Article 132
The interrupted prescription, against one of the sulidary partners or one of the spouses, of an
indivisible obligation, is extended even towards each of these other debtors.
Article 133
The interrupted prescription against the main debtor is extended even towards the respective
Article 134
The pased period before there was verified the interrupting reason is not accounted and after the
extinguishment starts a new prescription term.
Article 135
When the interaption of prescription comes because there is presented an action or counteraction,
then the new prescription term starts from the day when is given the perentory verdict by which
is solced the question in its essentiality.
When there is decided the withdrawal of action without solving the question in its essentialy, or
the judgement of not considered interrupted.
The account of prescription terms
Article 136
The term of the prescription of action, which is decided in weeks, months or years ends by the
end of the day of the last month and year of the same name and number with those of the day in
which the term has started, and when such a day is lacking at the last month, then the term ends
by the last day of this month.
When the last day of the prescription term is holiday, the coming day is taken in consideration.
Article 137
When a right must be exercised within a preclusive term there are not applicated the provisions
which regulate the interruption of prescription. Also there are not applicated the suspansive
reasons except excludingly cases when the law itself permits the suspension of preclusive term.

30 Article 138
There is not valid any agreement in which are decided preclusive terms, which make very
difficult for one party to exercise their respective right.
Article 139
The parties can not change the legal orderings which regulate the precluvisity and can not
renounce from the completed preclusive completed term when this term is decided by special
legal provisions.
Article 140
The completed preclusive term is taken to consideration from the court or arbitrage by their own
inisiative, even if it is not demanded from the interested party.

Article 141
Juridical definition of objects
An object is everything that can be owned or other real rights.
Types of objects
Article 142
Objects are movable and immovable.
Immovable objects are the land, the water sources and running water, trees, buildings,
other floating buildings, attached to land and anything which is affixed permanently and
continuously to the land or buildings.
All other objects, including any type of natural energy sources, are movable objects.

31 Article 143
The provisions which are applied to immovable objects will also be applied to real rights
pertaining to immovable objects, as well as respective indictments, except when otherwise
foreseen by law.
Provisions which are applied to movable objects will also be applied for all other rights.
Article 144
Registration of Objects
Immovable objects and the real rights will be registered in the immovable property
Even movable objects will be registered if required explicitly by law.
Fruits/Products of Objects
Article 145
Natural fruits of a object are the products taken from it.
Up to the moment which these products are separated from the property, they are
component parts of it.
Civil products come from the objects as a result of enjoying the rights which persons have
over that object.
Civil products will be gained based on length of time the owner has these rights and from
the time of requesting these rights.
Component Parts
of an Object
Article 146
The component part of an object is anything attached to that object which cannot be
separated from it without causing essential damage.
Accessory Objects
Article 147
Accessory objects are those movable objects which are intended to serve in a permanent
manner to a principal object, or to improve its appearance.
This intended use will be defined by the owner of the principal object or by the a person
who has real rights over that object.

32 Article 148
Every possession of the principal object also includes its accessories, except when
otherwise foreseen.
The accessories can also be an object of separate possession.
The accessory does not lose this feature in the cases when it is temporarily separated from
the principal object.
Chapter 1
General Provisions
The contents of ownership
Article 149
Ownership is the right to enjoy and to possess objects freely, within the provisions of the
Ownership of the component parts of the object
Article 150
The owner of an object is the owner of the component parts of that property also.
Ownership of the fruits of the object
Article 151
The natural fruits produced from the objects belong to the owner of the object, except in
cases when the ownership of the fruits is passed to others. In this case, the ownership of the
products will be gained after the separation of the products from the object.
The person who takes the fruits must within the value of those fruits repay the costs of
production and gathering of those fruits.

33 Pertaining to the objects
Article 152
Objects can belong to physical persons, juridical persons or the state.
Types of public property are decided by law.
The rights and obligations of the owner
Article 153
Nobody can be deprived fully or partly of the ownership of their object, except when that
property is required for legal public needs, and always with full and preliminary compensation.
Article 154
The right of ownership of land is extended into the sky and into the earth as is profitable
for its use, within the conditions foreseen by the law.
Article 155
The owner of land, after first asking the neighbour to cut the branches and roots of the
trees which extend into his land, has the right to cut them himself if they cause him damage, and
even to gather the fruits of the trees and use them for his own benefit.
The fruits which fall from the trees onto the land belong to the owner of the land where
they have fallen.
Article 156
The owner of land which is neighbouring on a stream or public source of water, has the
right to use it as long as he does not damage the interests of owners of other land, except when
the use is arranged by special provisions.
Article 157
The owner of land can at any time ask the owner of neighbouring land that, with shared
expenses, they put along the boundaries of the land visible marks or to fix them when they are
When the boundary between two objects is not clear and when the owners will not define
the boundary themselves, each of them have the right to ask the court to determine the boundary.

34 Article 158
When trees and brush is planted near the boundary of objects, the owners are obliged to
keep the distances defined by special legal provisions and when such provisions do not exist, by
the customs of the area, except in case the neighbouring owners have permitted the planting of
brush or trees themselves or when the boundary is along a public road or stream of water.
In the absence of these rules, the distances are three meters for large trees and two meters
for other trees.
These distances will not be applied for trees and brush the height of which is not above
the wall between the objects.
Article 159
The owner is free to use his object without damaging the rights of other persons within
the provisions defined by the law or by acceptable customs. He must not cause disturbance to
such neighbours, such as noise, vibration, smoke, heat, steam, or other similar distributions, or to
hinder the enjoyment of their properties, changing the running, the amount or the quality of the
water which flows through his land, or the underground water, as well as to use the water which
connect freely with the water of lands of others, except when these disturbances do not exceed
what is usual.
The owner in the process of exercising his rights is obliged to take measures for the
protection and preservation of the environment for the district.
Article 160
The owners must obey the rules defined in the territorial regulation plans or in special
provisions, for constructing new buildings, reconstructing or changing them, the distances
between buildings, for putting in windows, wells, holes in the ground, and other works of this
Article 161
The owner is obliged to gather the waters which flow from the eves of the house, in such
a way that they do not drop on the land of others. The spilling of this water in a public stream
can be done when it is not prohibited by the rules by the competent authorities.
The owner is obliged to take care that the waters and garbage which originate in his land
do not spill onto the channels or the land of others, except when there is an mutual agreement to
the contrary.

Article 162
The right of property and other rights to objects, are transferable, except when prohibited
by law or by the nature of the right.
Ways of acquiring property
Article 163
Property is acquired through ways defined in this Code and other ways as defined in
specific legislation.
Acquisition of property by contract
Article 164
Property is acquired by contract, without being necessary to release the object. For the
objects which are defined by number, weight or by mass, a release is required.
Acquisition of property by inheritance
Article 165
Acquisition of property by inheritance occurs according to the conditions expressed in the
dispositions of the third part of this Code.
Acquisition by good faith of movable objects
Article 166
The person who on the basis of a legal action for the passing of ownership has acquired
against payment with good faith a movable object, becomes the owner of this object even if the
first party was not the owner.
Although the acquirer, even with good faith, does not become the owner of the object
when this object is stolen.
The acquirer with good faith becomes the owner of money or valuable paper as the

36 receiver, even though they were stolen or lost by the original owner or juridical person.
The above dispositions are not applied for movable objects which are recorded in the
public registers.
The property is acquired free of the rights of others over the object, in case that these
rights have not derived from the title and from good faith of the acquirer.
Article 167
In case that the property of the movable objects has been passed by contract of several
persons, the person becomes owner who has obtained the possession of the object in good faith,
even though the contract is of a later date.
Successful prescription
Article 168
The person who acquires an object in good faith, based on a juridical action for passing of
ownership and is not forbidden by law, becomes the owner of this object, after continuous
possession for five years when the object is movable, and 10 years when the object is immovable.
When the possession is not in good faith, the time required for uninterrupted possession is
The possession is considered continuous even when the acquirer of the object has given
the possession to another person.
An object of public property cannot be acquired by prescription.
Article 169
The person who has possessed quietly and continuously, and with the belief of being the
owner for 20 years, an immovable property, will become the owner.
Registration of objects acquired by prescription
Article 170
The person who has acquired an immovable object by prescription has the right to present
a legal demand against the previous person or his heirs for recognising his sole ownership and,
based on the court decision, to request the registration of the object by the competent state

37 The suspension and interruption of successful prescription
Article 171
The dispositions for suspending and interrupting the prescription legal demand are
applicable even for the successful prescription claim.
Gaining property through prescription is terminated by losing possession. It is not called
termination when the possessor enters again into possession within six months or even later
through a legal demand presented within six months.
Objects without owner
Article 172
Objects without owner are those which do not have an owner or whose owner has
rejected the ownership.
The objects without owner belong to the state. The transfer into the ownership of the
state is done by the decision of the competent court.
Acquisition of ownership by unification, mixing and elaboration
Article 173
The plantings, and also buildings and every other work which are on or under the surface
of the land, belong to the owner of the land, unless defined differently in this Code and of
dispositions of other legislation.
Article 174
The owner of the land who has constructed other works and planted with material owned
by others, is obliged to pay their value, in the case that their separation or returning it is not
requested when this can be done without causing great destruction to the constructed items or
When the separation of materials is possible and the owner of land has acted in bad faith,
he has to pay to the owner of the materials the value of the damages caused.
Article 175
When the constructions and other works and plantations have been done by a third person

38 with his own materials on the land of another owner, the owner has the right to keep them or to
oblige the person responsible with his own expenses, and in certain cases to compensate for
damages caused.
When the owner of the land agrees to keep the them, he is obliged to pay for the value of
the materials and the work or the increase in the value of the property.
The owner of the land cannot require the removal of the buildings and plantations already
completed when they have been done with his knowledge, or through good faith by the third
person, as well as in the case where there have passed six months from the date when the owner
has been informed of these constructions or plantations.
When through good faith a building has been built on the land of another and its value is
more than the value of the land, the person who has build the building can be recognised as
owner even of the land, by decision of the competent court.
Article 176
When two or more movable objects which belong to different owners are unified or
mixed into a unique object and cannot be separated without causing an essential damage to each
other or when the separation requires exaggerated work and expenses, the owners of each object
become co-owners of the new object, proportionally with the value of the parts of the object they
had at the moment of their unification or their mixing.
When a movable object is unified or mixed with another in such a way that it can be seen
as an accessory part of it, the new object belongs to the owner of the main part, who is obliged to
pay the respective value, when it is required to pay any damage caused.
Acquisition of ownership through elaboration
Article 177
When a person by his work has created a new movable object using the raw materials
belonging to another person, independent of whether the raw material can be transformed back to
its original state becomes the owner of the new object if the value of the work is larger than the
value of the raw material, with the condition that he pays its value.
In the contrary case, the new object is acquired by the owner of the raw material by
paying the value of the work.
When the elaborator has acted in bad faith, by decision of the court, the new object passes
to the owner of the raw material even in the case when the value of the work is more than that of
the raw material, but by paying the value of the latter.
Unification of land through sedimentation
Article 178
The filling with earth of land and addition of land that are formed in a natural manner

39 along the banks of rivers and streams, belong to the owner of the land, except when defined
differently by law.
Land which is created by the flow of water
Article 179
The land which is created by the flow of water, land that is taken in a natural way from
one bank and moves to the other bank, belongs to the owner of the land to which it becomes
Lands created in the river bed
Article 180
Islands and filling of earth that are created in the river bed are public property.
Article 181
When a river or stream changes its course leaving the old one, the land liberated is the
property of the owners of the both banks of the river or creek, which are divided in the middle of
the old course according to the width.
Notification that they have been found
Article 182
The person who has found a lost object, including all living things separated from others
of their kind, is obliged to inform immediately the owner or the person who has lost the object,
and when that person is unknown, to deliver the object to the Municipality or Commune, in the
territory where the object was found.
The Municipality or Commune is obliged to announce immediately that the object was
The acquisition of the object and paying of expenses
Article 183
The owner or the person who has lost the object, has the right to request it within six
months from the day of the announcement of it being found in the respective Municipality or
Commune, after having paid the expenses incurred for keeping the object and the reward for the
person who has found the object of 10% of the value of the object, or the price to acquire it,

40 when according to the circumstances, its sale has been necessary.
When there are disputes about the value of the object, the issue is decided by the court.
The Municipality or Commune can permit the provisional keeping of the found object by
the person who found it, to whom will be paid the expenses for keeping the object.
The lost objects must be kept and maintained with the required care.
Acquiring ownership by the person who has found the object
Article 184
When the owner or the person who has lost the object does not come to get the object
within the time limits defined in Article 185, this object or the sale price of it will be transferred
in ownership to the person who has found it, who will pay the expenses of keeping it.
Objects found in public places
Article 185
The objects found in private or public places or in vehicles, must be immediately given to
the administration of the place or vehicle where found, and this administrative unit will keep
them for three days. When the owner or the person who has lost that object does not go to that
administrative unit, then the unit will deliver it to the corresponding Municipality or Commune.
Article 186
Treasure is defined as any valuable thing, which seems clear to have been underground or
hidden for a long time and for which the owner cannot be found.
The treasure belongs to the owner of the moveable or immovable object where the
treasure is found, except for the case of objects with scientific, cultural, archaeological, etc. value
which are defined in Article 187 of this Code.
The person who finds the treasure, has the right to a reasonable reward which cannot
exceed half of the value of the treasure.
State Ownership of Certain Types of Moveable Objects
Article 187
The movable things, with cultural, historical, archaeological, ethnographic value, as well
as rare natural things with scientific importance which are found, taken, or extracted from the
ground or from water will be owned by the state.
The owner, in whose property such things are found, is obliged to allow the digging,

41 getting a payment for the damage done to his property.
The person who has found such things, has the right to get a reasonable reward from the
Acquiring ownership through possession
Article 188
Ownership over abandoned movable objects, as well as over wildlife, fowl, fish, wild
fruit, and over movable natural things, can be acquired through possession, in special conditions
defined by law, or by special provisions.
Swarm of Bees
Article 189
The owner of a swarm of bees has the right to follow the swarm and retrieve it from the
land of another person, paying him for any damages caused.
When the owner of a swarm of bees which has flown away has not followed it within
three days, or when those bees have gone into a hive of another person, the ownership of the
swarm passes to the owner of the land where the swarm has stayed or to the owner of the hive.
Acquiring Ownership through Expropriation
Article 190
Objects can be expropriated when required for a public purpose defined by law and with
full and preliminary compensation to the owner. Such objects become property of the state or
property of other public agencies, in whose favour the expropriation is done.
Loosing of ownership
Article 191
Ownership is lost when it is acquired by another person, or when renounced.
The renouncement of the ownership over an immovable property in favour of someone
else is recognised when done through a notarial act and is registered.


Article 192
Immovable objects and the facts which are linked with their legal status shall be
registered in the immovable property registries.
Registration is done through a public act, a court decision or a decision of another
competent public authority, and in other instances which are defined by law.
Article 193
The following must be registered in the immovable property registries:
a) Contracts for transferring of the ownership of the immovable objects and the
instruments for their voluntary subdivision;.
b) Contracts by which are created or known or changed or terminated the ownership
rights over immovable objects, usufruct rights, rights to use and reside in, emphyteutic and
servitude rights, and other real rights;
c) Acts of renouncement of ownership rights mentioned above;
ç) Court decisions through which heirs are identified, and by which inherited property is
d) Acts by which are created an association or another subject with rights which owns
immovable properties or has other real rights over those properties;
dh) Court decisions and decisions of other public competent authorities which recognise
or awards the ownership of immovable properties or their subdivision or which declares invalid
previous legal actions for the transfer of ownership which have been properly registered in the
past, and the actions by the court bailiff for sequestered immovable property or its sale through
Court verification of the fact of ownership is not registered.
Article 194
In a contract of gift of immovable property, the registration takes the date on which the
acceptance is, in the case that this acceptance is contained in a specific act.
Article 195
Immovable property and the real rights over them which are acquired or made known
according to the provisions of this Code, cannot be transferred and when it is the case, charged
with a burden, if they are not recorded in the immovable property registries.

43 Article 196
Courts, notaries, court bailiffs and other state agencies are obliged to send for registration
to the responsible registration office copies, of the decision or act which contain the acquisition,
recognition, changing, or terminating of ownership of immovable property, or a real right over
that property, or the declaration of invalidity of juridical actions for transferring of the ownership
which is previously registered.
Article 197
The following also must be registered:
a) Rental or lease contracts of immovable objects for a period exceeding 9 years;
b) Lawsuit requests for acquisition, recognition, change or termination of ownership of
immovable property and other real rights;
c) Lawsuit requests for the partition of jointly owned immovable property.
Article 198
The Ministry of Justice administers the activities of the immovable property register for
immovable property.
Conditions, means of registration and organisation as well as any procedure which is
linked with this activity are regulated by a special law.
Co-ownership with Shares
Definitions and content
Article 199
There is co-ownership when the ownership over one or some objects and the other real
rights are held jointly by two or more people.
The shares of co-owners are equal, unless the contrary is verified.
The rights and obligations of co-owners are defined in proportion with the shares they

44 possess.
The rights of co-owners
Article 200
Each co-owner has these rights:
(a) To profit from the income derived from the co-owned object in proportion with his
(b) To use the co-owned object according to the defined purpose and in a way so to not
constrain the other owners in the use of the object according to their rights;
(c) To transfer or dispose his share in the co-owned object in any other manner, but when
this is an immovable object, he can sell his share only respecting the prior right of purchase,
which the other co-owners have according to Article 204 of this Code;
(ç) To ask for the division of the co-owned object even when they have a contrary
agreement, except when this division significantly destroys the proper purpose or is forbidden by
(d) To ask for the restitution not only of his part of the object, but of all of the co-owned
object, with the condition that this object be delivered to all co-owners.
The obligations of the co-owner
Article 201
Each co-owner is obliged that in proportion with his share, to pay needed expenses for the
protection and enjoyment of the co-owned object.
Article 202
When the co-owned object is used only by one or some of the co-owners, these are
obliged to pay to the other co-owners a compensation for the use of their shares of the object
from the day when the request for this compensation is notified in writing or from the date of the
presentation of an indictment in a competent court.
Administration of the co-owned object
Article 203
All co-owners, independently from the value of their share, have the right to take part in
the administration of the co-owned object.
The co-owned object is administered according to the specified manner with the
agreement of all co-owners and when this agreement is not achieved, according to the defined

45 manner by the decision of the co-owners who have more than half of the value of the object. The
majority decision is binding also for the co-owners being in the minority.
This majority can decide to have a mortgage or pledge over the co-owned object, when
this is necessary to secure the repayment of the sums borrowed for the maintenance and re-
construction of the object.
When this majority is not achieved or when its decision is damaging to the co-owned
object, the competent court, with the request of each co-owner, decide on the required measures
that are assessed and, according to the case, will nominate a person who can administer the
The right of prior purchase
Article 204
The co-owner, before selling his share of an immovable object to a person who is not a
co-owner, is obliged to notify in writing the other owners inquiring whether they wish to buy his
share with the same conditions that he would sell to a third person. In the case they do not
respond within three months that they want to buy the share, the co-owner is free to sell his share
to a third person.
The seller is obliged to make known the new co-owner to the other co-owners.
The right of a creditor over the share of a co-owner
Article 205
Each creditor has the right to realise his credit over the share that belongs to the co-owner
debtor in the co-owned object.
Article 206
The creditors and heirs of any co-owner can intervene in a share of co-owned property,
with their expenses, but they cannot object to the any prior subdivision, except when they have
made known their objections before the subdivision.
In the case of the partition of the immovable property, the notification of the objections
set out in the above paragraph, must be registered before the registration of the requested
Also, in such partition it is necessary to notify all the creditors that have registered their
requests, or that have gained the right to the property to be partitioned, prior to the registration of
the act of partition, or the registration of the request for subdivision.

46 Division of the co-owned object
Article 207
Division of the co-owned object is done with the agreement of all of the co-owners.
When the object is immovable the agreement must be done through a notarial act. When this
agreement is not achieved, the division of the object is done by the court, having notified all of
the co-owners. The division of the co-owned object is done with it being divided naturally
according to the shares of the co-owners, if this division is possible and does not damage the
specific purpose of the object. Inequality of the shares, that result from the natural division is
compensated with compensation in money.
When the co-owned object cannot be divided naturally the court orders that it be sold in
auction and that its value be divided between the co-owners, according to their respective shares,
calculating also the sums that they must pay to each other for the reason of the relationship in co-

47 However, instead of selling in auction, the court, when some of the co-owners request,
can order that the object be left to them, obliging them to pay to the co-owner, who requests the
division, the value of his share, according to the manner and within the periods of time defined
by the decision of the court.
When the object that can be divided naturally, is a housing unit, the court leaves in shares,
according to the above mentioned conditions, to the co-owner who lives in that housing unit or
needs more than the others for that living space.
The transfer of co-owned objects

Article 208
The complete transfer of the co-owned object can be done only with the agreement of all
of the co-owners.
A. The Obligatory Co-ownership
Co-owned objects of buildings
Article 209
In the floors or divided units of floors of a building that are in separate ownership of
different owners, the objects which are in obligatory co-ownership, unless otherwise determined
in the ownership act, are:
a) the land over which the building is constructed, the foundations of the building, the
main walls, the internal separating walls, the stairs, halls, the roof and terrace, chimney, and also
all those objects of the building which have such a character and serve for common use.
b) wells, installations for water, electricity, gas, telephone and central heating, including
the pipes and lines and channels until the place of their branches inside of the individually units
of floors.
Article 210
The right of each co-owner on the objects mentioned in the above article is in proportion
to the value of floor or the part of floor which belongs to him, except when the title says
The renouncement from the right on the above-mentioned objects, does not allow the

48 owner to refuse his obligation to pay for maintenance expenses.
Indivisibility of co-owned objects
Article 211
The co-owned objects of buildings are not allowed to be divided, except when the
division of any one of them can be done without causing difficulties in its use for any of the co-
The membership of the Assembly and the election of executive
Article 212
The Assembly is formed by the owners of each floor or separated unit of each floor, who
have in co-ownership the co-owned objects of the building.
In the first meeting of the Assembly its members chose, from the Assembly, the
executive, which is charged to do in their name and on their account all the needed operations for
the administration and normal maintenance of the co-owned objects, except those operations that
are the exclusive competence of the Assembly, and also represent the Assembly in the levels of
the competent court and in arbitrage.
The Assembly Meetings and the Validity of Decisions
Article 213
After the first organisational meeting, the Assembly meetings are organised at least once
a year. Other meetings of the Assembly can be organised by its executive or with the initiative of
not less than 20% of the membership of the Assembly.
The Assembly meeting can be opened and can make decisions when there are personally
present or represented by proxy the co-owners, who have at least two thirds of the total shares.
When this number is not present, the meeting is postponed and the next meeting will be held if
the normal majority of co-owners participates.
The Assembly decisions are made with a simple majority of votes of co-owners except in
cases when in the provisions of this Chapter or with special provisions is required a specific
majority. When the voting is tied, the vote of the chairman will be the deciding vote.
The Main Competencies of an Assembly
Article 214
The Assembly has the following powers:
1. Approve the regulations for administration of the building, which is formed according

49 to the typical regulations approved by the Council of Ministers.
2. Create the reserve fund for common expenses, and determining its annual sum.
3. Approve the bids for expenses which has decided to do during the year, and also the
division of their sum among co-owners.
The common expenses for maintenance, repairs, and normal improvements of these
objects must be approved by the assembly through a simple majority vote, whereas the expenses
for major improvements or renovations are decided by majority of the co-owners possessing at
least 75% of the shares.
4. Nominate when judged necessary, the person who cares for the building defining his
competence and his salary.
5. Authorise the executive to insure, within reasonable bounds, the objects which are co-
owned property, and also to make other needed contracts for maintenance, repairs, and normal
improvements, or, in case, of major improvements or renovation of the object.
Article 215
The decisions that are taken by the Assembly according the above provisions are
compulsory for all co-owners.
Legal claims against the Assembly Decisions
Article 216
When an assembly decision is illegal or touches the interests of any of the co-owners of
these objects, each co-owner has the right to present to a competent court an indictment for the
invalidity of the decision, within 30 days from the date of the decision. Presentation of the
indictment does not suspend the decision of the assembly, except when the court decides
Obligations of Co-owners
Article 217
Each co-owner has the following obligations:
1. To pay the expenses for the protection and the enjoying of the common parts of the
building, for the execution of services to the good of all co-owners and for the changes that are
decided by the most of the co-owners, in proportion with the value of their share, except when
there exists another agreement.
For the objects that serves the co-owners in different amounts, the expenses are divided in
proportion with the use which is made by each of them.
2. Not to construct on his floor or in his part of the floor, that is specifically owned by

50 him anything, which can damage the co-owned objects of the building.
3. To repair damage or to repay the expenses for its replacement, which he alone or a
member of his family has caused, to any co-owned object.
4. Not to do, without the prior permission of the assembly, in his floor or in his individual
unit that is in his ownership, any extension or changes which can affect the outside appearance of
the building.
The New Extensions over the top floor
Article 218
The construction over the top floor of the building, of other floors or objects, can be
realised with the decision of 3/4 of the co-owners of the building.
Article 219
The giving of permission is expressly forbidden to undertake extensions or such actions
over the top floor if the physical conditions of the building do not allow such extensions.
The co-owners can oppose the permission which is given by the competent state agency
for the construction of extensions or other actions over the top floor and when it is proved that
these will decrease the amount of air or light for the lower floors or when they negatively affect
the architectural appearance of the building.
Article 220
They who are allowed to construct an extension or other actions over the top floor are
obliged to reconstruct the terrace, which all or part of the co-owners had the right to use.
Total or Partial Demolition of the Building
Article 221
When the building is totally demolished or a part of it which is not less than three fourths
of its total value, each of the co-owners can ask to sell by auction the land and the materials,
except when decided otherwise.
When the building is damaged less than mentioned above, the Assembly will decide for
the reconstruction of the common objects of the building and each of the co-owners is obliged to
contribute in proportion to his rights over the objects.
A co-owner who does not want to take part in the reconstruction of the building, must sell
to other co-owners or to any one of them the objects, which are owned only by him, according to
a valuation which is to be done.

51 B. Joint Ownership among members of a farm family
Article 222
The property of the farm family is jointly owned by its members, who through their
labours or other means, have contributed in the creation and increase of the farm economy.
Article 223
The farm family is composed of persons who are related by kin, marriage, adoption or
through being accepted as family members.
Article 224
The farm family is represented in the property relationships with a third party by the head,
who is elected by the family members.
Article 225
In the farm family’s property are not included the simple things of the member’s personal
use, also the things which the member has gained by his personal income, by donation or by
Article 226
The farm family member cannot alienate any of the farm family property parts, unless it
has been allotted to the member as personal property.
Article 227
Every member of the farm family can demand his share in the farm family property. It is
appraised by considering especially:
a) the family common property;
b) the number of family owners;
c) his contribution in the creation or increase of the family property based on its quantity
or its efficiency and also the efficiency of work and assets rendered in the creation and
preservation of the farm economy.
Article 228
The allotment of the farm family property, is done according to the determined rules in

52 Article 207 of this Code.
When the share is requested by only one member it is valued and paid in money.
When the allotment is requested by several members of the farm family, with the purpose
to create another farm family, the share can be given in kind, with the condition that the
agricultural land that remains to the remaining family members should not be less than a minimal
standard for cultivation.
By minimal standard for cultivation is meant the agricultural land, that is necessary for
the running of a farm economy, based on the natural conditions of the respective area or region.
Article 229
The farm family is responsible for the illegal acts done by its members, during the exercise of
functions which derive from the economical activity of the farm family itself.
Article 230
The farm family is not responsible for the personal economical obligations of its members,
including even its head. The creditors have the right to be paid from the share of the farm family
income that belongs to the indebted member and from the share of the farm family property that
belongs to him.
C. Co-ownership between spouses
Article 231
The co-ownership between spouses is regulated by provisions in the Family Code.
Article 232
Usufruct is the right of a person to enjoy a property which is under the possession of

53 another, with the obligation of a good maintenance of it.
The way of creation of usufruct.
Article 233
Usufruct is established (created) by law or legal transact. It can be acquired even through the
acquiring prescription.
The duration of usufruct
Article 234
Usufruct can be with or without terms, but in any case it can not overcome the life of
Whe the right of usufruct is enjoyed by a legal person, it can be not longer than 30 years.
The way of establishment (creation).
Article 235
The usufruct established by legal transaction must be done by a notarial act, while when it
is acquired by will there is acted according to the appropriate provisions. The usufruct over
immovable property must be registered in public registries.
Article 236
The usufruct can be in favour of more than one person.When the right of one of them
ceases, it passes to other usufructuaries, remaining ones, in proportion to parts. It continues this
way until the ceasationof last usufructuary.
The limities of enjoyment of property in usufruct
Article 237
The usufructuary enjoys the property put in usufruct, but can not change the economic
destination it has initially of usufruct without the assent of owner and without the authorization
of court of district, when the owner and usufructuary do not agree.
During the continuity of ssufruct or its end, the usufructuary can take off the additions
done to property, in the conditions of first paragraphe of this article, which (additions) can be
taken off without damaging the thing, turning it back to its initial condition, except when it is

54 differently foreseen in the act of foundation.
Improvements of thing in usufruct.
Article 238
The usufructuary,at the termination of usufruct, has no right to demand recompensations
for the improvement done to the thing during the use even if its value has increased, exept when
it is differently foressen in the act of foundation.
The addition of value can be compesated with the damages that would be caused to the
thing without the fault of usufructuary.
When there is no place for compensation, the usufructuary can take off the additions,
without damaging the thing, except when the owner accepts to pay their value, as they would be
separsted from the thing.
Appeartaining of fruits.
Article 239
To usufructuary belong the natural fruits and civil fruits produced by the thing during the
continuity in time of usufruct.
The natural fruits which were not separated from the thing at time when started usufruct
belong to usufructuary and vice versa when they are not separated when usufruct ends, they
belong to owner.
The transferr of the right of usufruct
Article 240
The usufructuary can transfer to another this right for a certain period or for all time it is
on, except when in the establishment act it is differently foreseen.
The transfer must be writtenly announced to owner, otherwise the former usufructuary
and the person who has acquired such a right are solidary responsible to the owner.
The right of alienation (tjetersim, alb.)
Article 241
The usufructuary has the right to alienate things object of usufruct at the measure they
have the destiny to be alienated and in accordance to their nature. In other cases the usufructuary
can not alienate things in usufruct without the assent of owner or authorization of the district
court, except when it is differently foressen in the establishment act. The authorization must be
not given when there are affected the interests of owner, usufructuary or third person.
The subtitution of the thing in usufruct.
Article 242
When things in usufruct are alienated or substituted by other things these belong to the

55 owner and temporarily are ubject of usufruct. The above mantioned rule is valid for anything
which comes from the gather of obligations object of usufruct, from the compensations for the
recompensation of damages or from the disvalution of property, when they subtitute or improve
the things object of usufruct.
Article 243
The owner and usufructuary must be in accordance that the money object of usufruct will
be invested in a fruitfull way or expesed in the interest of other property in usufruct.
The giving by rent.
Article 244
The usufructuary has the right to give by rent things in usufruct, except when it is
differently foreseen in the establishment act.
When usufruct is over, the owner must respect the rent, started normally before, except
when the prolongation of its term is done without his consent. When the usufructuary or the hirer
have demanded the consent of owner and he has not responded in the defined term, the consent is
considered as given.
When the usufruct ceases, the rents for a term for more than 5 years are valid only for 5
years since the day the rent was on (or usufruct ceased).
The enjoyment of servitudes
Article 245
The usufructuary enjoys the rights of servitudes related to the property over which
usufruct has other rights in rem which were to be enjoyed by the owner himself, except the
limitations foreseen in the establishment act or in law.
The substitution of damages.
Article 246
The usufructuary is obligated to recompensate the value of the lost thing or of damage it
received, except when he proves that they are caused not because of his fault. He is obligated to
substitute things which according to usufruct he had no right to consume.

56 Inventaries
Article 247
The usufructuary takes the things in the conditions they are before usufruct. Things in
usufruct are taken in delivery by inventary done with a notarial act or with the verification by
notary, in the presence of owner, after he was announced in an appropriate term. It is the right of
parties that in inventary must be noted all details which are related to the definition and condition
of thing taken in usufruct.
The inventary can be done by a private act also, when two parties are in agreement, who
are present during its performance. The expenses for the performance of inventary are on the
charge of usufructuary, except when it is differently foreseen in the establishment act.
Periodical announcements.
Article 248
The usufructuary is obligated to send to owner at the end of each year a detailed written
announcement from him for things which do not exist any more and for the things which have
substituted them, and also for the profits from things in usufruct which do not enter in the
cathegory of fruits.
The giving of guaranty
Article 249
The usufructuary is obligated to give to the owner a written guaranty for the fulfilment of
obligations coming from usufruct, except when in the act of establishment is discharged this
obligation, or when the interests of owner over things in usufruct are insured good enough from
an institution charged with this duty.
The parents who have the legal usufruct over things under the ownership of their children
are excluded from the giving of such a guaranty.
When the usufructuary is discharged from the obligation of giving the guaranty, the
owner acquires the right to demand from him that he must be told every year the things given in
usufruct or he must be informed by an announcement of credit institution for the money or
vouchers which are deposed.
The usufructuary can not acquire the possession of things put in usufruct without fulfiling
the obligations which source from this article.
The consequences of nongiving the guaranty.
Article 250
When the usufructuary does not give guaranty, there are taken measures for the
administration of things in usufruct. The immovable properties are given by rent or are entrusted
to an administrator choosed in agreement between the owner and administrator, and when such

57 an agreement is not reached then the district court decides the administrator.
The usufructuary has the right to keep as his or family=s habitation place, an appartment (
or smth like that ) which is included in usufruct. The money which are included in usufruct are
invested with intersts.
The immovable properties which are damaged or are old from the use or food properties
which risk to go bad, are sold and their value is given with interest or is used for things in
The usufructuary can require to be left to him movable property enough for personal use.
The expenses for maintenance
Article 251
The expenses neede for the maintenance, to keep and to administrate of property are on
the charge of usufructuary. On his charge are also the expenses for unusual repairments, when
they come from the unfulfilment of his obligations toward the thing in usufruct.
Extraordinary repairs are on the charge of owner. When the owner refuses to perform
them or others charged to him or delays without reason their performance, then the usufructuary
makes them with his expenses which are liquidated until the termination of usufruct. The
usufrctuary has the right to keep the repaired thing until the liquidation of his expenses.
The insurance of usufruct.
Article 252
The usufructuary must insure things in usufruct on the favour of the owner for the risks
they are usually insured or obligated by law. In case of damage the usufruct is extended over the
paid recompensation (insurance).
When usufruruct does not fulfil such an obligation, the owner has the right to do himself
the insurance of property and the usufructuary is obligated to pay the respective (appertainig)
The expropriation of things in usufruct.
Article 253
When the property is expropriated for public interests, the usufruct passes over the
appertaining recompensation.
The payment of taxes and other obligations.
Article 254
Taxes, imposts, recompensations, ground rents and other obligations, yearly ones, which
are related to incomes during usufruct are on the charge of usufructuary.

Article 255
Usufruct ends:
– by the death of usufructuary or ceasation of usufructuary legal entity;
– by the termination of term decided in the establishment act;
– by the unification of qualities of owner and usufructuary in a sole person;
– by the complete destruction or the loss of thing given in usufruct;
– by non usage of usufruct contiunously for twenty years.
The ceasation of usufruct.
Article 256
The usufruct can cease when the usufructuary abuses with the right and does not fulfil the
obligations which source from usufruct. Otherwise, the court can order the usufructuary to give
guaranty according to the circumstances, in case when he is discharged from such an obligation,
or by the request of owner is left ti him the administration of property in usufruct or to another
person or even the giving by rent thing.
The renouncement from usufruct.
Article 257
The usufructuary can demand that by his expenses he is given the possibility to renounce
from usufruct because of the burden of obligations which source from usufruct.
The return back of things in usufruct.
Article 258
When usfruct terminates, the usufructuary and his heirs are obligated to put at the
disposal of owner the things put in usufruct.
Article 259
The person who has simply the right of usage over a thing uses it and enjoys its fruits at
the amount he needs for himself and his family.
When the object of the right of usage is an habitation, the person has the right to habitate
there according to necessities of his and his family. The thing or habitation which is under use
according to this provision can be not alienated, burdened or used by other person.

59 Article 259
Provisions related to usufruct are applicated even for the right of usage and habitation, for
so long these rights are in concordance.
Article 261
A predical servitude consists of a burden imposed on land for the utility of other land
belonging to a different owner.
Article 262
Servitude is established by law or man=s will.
Article 263
The owner of the serving property is not obligated to perform any act in order to make
possible the exercise of servitude, except when it is differently foreseen by law or title.
Article 264
The owner on whose favour servitude is put is obligated to recompensate to the owner of
servient property the damage caused to him from the establishment of servitude.
Article 265
The owner of property according to law has the right to demand from the owner of
another property the establishment of servitude, in lack of agreement he can be directed to the
The compulsory serviture can be established even by the act of state organ, in cases
foreseen by law.

60 The decision must define the rules of exercise of servitude and the recompensation of the
respective damage.
Flow of waters.
Article 266
The owner is obligated to accept in his land water from the rain snow and unexploited
water sources which naturally flow from a land of higher level. The owner can not change this
flow of water on the harm of another.
The water flowing on a below land can be kept by the owner of the higher land at the
quality which is enough and necessary for this land.
Article 267
In cases when the slopes and sides of a property which served to present waters are
destroyed or damaged, and when it comes necessary that because of waters there must be
constructed protecting units, and the owner does not accept to construct or repair, then the
damaged owners can construct or repair them by their own expenses. These constructions and
repairs must be done without causing any damage to owner of serviant land and respecting the
special rules when such ones exist. When the owner of serviant land has contradictions, the
disagreement is solved by the court.
Article 268
The provisions of the above mentioned article are applicated even when it is necessary to
make off a barrier of materials formed in another property, or canal, flow of water, draining
channel which damages the neighbouring properties.
Article 269
The owner who has a source of water in his property is free in its use, but without
intruding the rights acquired by the owner of lower property according to title and prescription.
Article 270
In case when a flow of water prevent the neighbouring owners to enter in or prevents the
contiunity of drainage or irrigation, the ones who use this flow are obligated that in proportion to
profits earned by the water to construct and maintain the bridges and other communicating
means, and also the subterranean pipes and other things of this nature in order to continue the
drainage and irrigation.

61 Article 271
The owner of a land is obligated to accept without recompensation the waters which
come from drainage of a land, like the above mentioned one, when they flow naturally in his
When from this flow come damages, he has the right to demand the recompensation and
the taking of measures in order to avoid it in the future.
Servitudes sourcing from constructions.
Article 272
The rules for constractions of habitations and other constructions the distance between
them, the receiving of light and sight, the settlement of balconies and other constructions of this
nature are (regulated) provided by special law respecting the rights of the owner foreseen in this
code and other certain special laws.
Servitudes which source from receive of water.
Article 273
The pass of waters through other=s property must be done in the most appropriate and
suitable way in order to cause less damages but without preventing the normal exercise of
Article 274
When the past of waters is demanded for a time not longer than 9 years, the payment of
value and recompensations mentioned in the above mentioned provision is done with the half of
this value, with the obligation that at termination of term everything is resettled at the previous
This servitute can become permanent when it is demanded before the termination of term,
through the payment of the other half, of value together with the legal usuries, from the day when
has started the pass.
When the request is done after the termination of term there are not taken in consideration
the payments for the temporary acquisition of this right.
Article 275
When the pas of waters goes by penetrating public streets (ways) or rivers and other
public constructions, there must be applicated the rule foressen in special provisions.

62 Article 276
When in a house or its environment there is lack of water necessary for the life of people
and livestock, and there are no ways to secure it differently, or there are needed great expenses,
the owner of the neighbouring land must permit that a surplus quantity of the water must be used
for the above mentined necessities, affording the value of the required water and expenses which
must be done for this aim and when there is the case he must recompesate the damage which can
be caused.
Servitude of passing through
Article 277
The owner who has no way out in the public way and can not secure it except by great
and difficult expenses, has the right to have a passing way from the neighbouring land in order to
make a suitable use of his property.
The pass must consist on the shorter way to the public way and with less damages for the
servient land.
This provision is applicated even when the owner, to whom is recognized the right of
passing in other=s property, demands the widening of the way for the means, including here even
the pass of mechanic means.
Article 278
The owner must allow the neighbour to enter and pass in his land any time he needs to
construct or repair a wall or another thing. He must allow the person to search for and to take the
lifestock or any of his things which casually are there or as a consequence of wind, water,
avalanches and other major forces, things which are in his land or are united to his things.
The owner can not allow the entrance when he assumes to deliver by himself the thing
lost in his land. When there is the case, the owner of land is recompensated for the received
Article 279

63 The person who wants to pass in the other=s land must pay the value of the
occupied land, without reducing other taxes and burdens related to land, and must pay the
recompensation for the caused damage including the damage which comes from the
interruption of land, from its non usage, from the deposition of materials and throwing of
residues. The owner of servient land has the right to remove the last ones and to make use
of the surface of soil, but always without harming the normal exercise of servitude.
Servitude of putting cables, wires, tubes.
Article 280
The owner must allow other persons to construct in his immovable property,
canals or to put pipes for water and gas and telegraphic or electric wires and cables and
other installements of this nature, but only when there are no other possibilities to
construct these things or when they are done without grat expenses. When the owner
receives damages, he has the right to be recompensated.
Article 281
The owner can establish on his properties or to their utility any kind of servitude,
with the condition that it must not contradict the legal order (legislation in power).
The voluntary servitudes are created by contracts or by will.
Article 282
Servitudes are continual when their exercise is done without the necessity of time
after time acts of man, as the water ditches, shelter points and others of this nautre.
Servitudes are non continual when during their exercise is demanded the
performance of present acts of man as the right to get the water pasturage of livestock and
others of this nature.
The servitudes can be apparent or nonapparent.
Nonapparent are the servitudes for which are not needed permanent and visible
works destined for their exercise.
Article 283
The continual and visible servitudes are created by title or by a limited period of
10 years.

64 The invisible continual servitudes and non continual servitudes, appearent or
nonapparent, can not be created but only by title.
Article 284
When two properties extinguish beeing under the ownership of a person the
servitute is considered that it exists in an active manner or passive manner to utility or
against each separated property, except when there is a contrary agreement.
Article 285
In the right of servitude is included everything which is necessary for its usage.
Article 286
The owner can not impose the property with servitudes, which intrude the right of
usufructuary, without the assent of usufructuary.
Article 287
The servitude on a property wich belongs to some persons in joint – ownership can
be established only with the approvment of all the joint – owners. The servitude
established by only one or some joint – owners enters in force when the other joint –
owners, together or separately, have given their approval for its establishment.
Article 288
The person who has a right of servitude must use it according to the title or
possession of his. When there are doubts about its extension and manner of its exercise,
the servitude is considered established in manner to fulfil the necessities of the dominant
property, burdening as less as it is possible the servient property.
Article 289
The right of servitude must be execieed at the time and manner which brings less
difficulties and troubles to owner of servient property.

65 Article 290
When the property, on which utility the servitude is established, is to go under apportion,
servitude will serve to each part, with the condition that the burden of servient land must
be not more heavy.
Article 291
The owner must not reduce or make difficult the usage of servitude by his acts, or
nonperformance of his acts.
But if the conditions have changed and the owner of servient property is burdened
or prevented in the exercise of his ownership rights, he can demand to the owner on
whose utility is put the servitude the change of the place of servitude.
This right is possessed even by the owner of the other property, when there is
proved that this change brings utility and does not harm the servient property.
The protection of servitude
Article 292
The person who exercises a servitude has the right to demand judicially from
anyone who contradicts this right, requiring according to the case its reestablishment
(complete one),the cease of intrudes made to him and the re-compensation of the received
Article 293
Servitude extinguish:
a) when in a sole person is united the ownership of dominant property in that of servient
b) when there are used for no longer than ten years;
The term of prescription for non-continual servitude start to be on from the day when the
servitude has ceased its usage, while for the continual servitude from the day when is
done a work or is verified a fact which prevents the exercise of servitude.
For the effect of extinguishment of servitude is accounted even the time it was
exercised by the above mentioned holder of title.
c) when things are damaged or consumed at that degree to be no more used for their
The resettlement in a condition to be used brings as consequence the resettlement
of servitude, except when this right is prescribed.

66 Article 294
When the domonat property is under joint – ownership, the usage of servitude by
one of joint – owners interrupts the prescription even to the other joint – owners.
Article 295
The suspension or interruption of prescription on favor of one of joint – owner
effects on the others too.
Article 296
The owner has the right to bring into action against in order to demand his
property from any ilegal possessor or holder. This right is possessed even by any joint –
owner for the joint – property, in order to be given to all joint -owners.
The right of possession for the incomes
Article 297
The possessor in good faith deserves the separated natural fruits and the gathered
civil fruits which are demandable until the day he is announced that he is not the legal
possessor, or announced of the action of owner for the demand of the thing. He is not
obligated to re-compensate the owner for the losses, damages, impossibility of returning
back the thing for any other reason, but after that date he is responsible for the gathered
fruits or the fruits which he had to gather, by acting with care until the time of return of
thing, for re-compensation because of usage of thing and for the loss, harm and
impossibility of returning back of thing because of his fault.
Article 298
The possessor in bad faith for all time of possession is obligated to return back to
the owner together with the thing even the separated natural fruits and the gathered civil
fruits which have become demandable, and other incomes he would gather, and re-
compensate the owner for the usage of thing and for the loss, harm and impossibility of
returning back the thing even if he has no fault.

67 He is discharged from the responsibility when he proves that the damage would
take place even if he delivered the thing at proper time, except when it is taken through a
penal act.
The right of possessor for expenses.
Article 299
The possessor in good faith has the right to demand the payment of necessary
expenses done for the thing and utility expenses, at the amount they increased its value, if
it continues to be on the time of return of the thing.
The possessor in good faith has the right to reduce from the incomes of thing the
expenses recognized to him according this provision. He has the right to keep the thing
until are paid to him the necessary and utility expenses.
Article 300
The possessor in bad faith has the right to demand only the payment of necessary
expenses done for the thing.
Article 301
The possessor in good and bad faith, except the expenses recognized by this code
articles, have no right to demand the payment of other expenses, but they have only the
right to take off from the thing what they united to it and which can be separated without
harm, except when the owner accepts to pay their value.
Denying action
Article 302
Owner has the right to demand from any one who intrudes his property, but
without divesting from the possession, the cease of intrusion and that it will be not
repreated in future, and, when it is the case the re-compensation of damages which he
The denouncement of a new labor construction and of a possible harm.
Article 303
The owner, the person who enjoys another right in rem or the possessor, who have
reasons to be preocupied by a new started construction of others in their or another=s land
from which the thing under ownership or possession can receive harm, can be directed to

68 the court with the condition that this construction is not over or there has not pass a year
from its start.
The court according to the case can decide the prevention of work, demolition or
its reduction and when there is the case even the recompensation of damage, or it , the
court, refutes the action by ordering the recompensation of damage when it results that
the work was unjustly prevented.
The definition of possession
Article 304
The possession is the effective domination of a person over a property and the
rights in rem therein. The possession can be exercised directly or by a person who holds
the property.
Kinds of possession.
Article 305
The possession of a not owner person can legal or illegal. The possession is legal
when the possessor gets the possession from the owner, based on a legal transact or an
administrative act.
In all other cases the possession is illegal.
Article 306
The illegal possession can be in good faith or in bad faith.
The possession is in good faith when the possessor has not known or was not obligated to
know that his possession was illegal.
The good faith is presumed and it is enough that it has been during the time of
acquisition of possession.

69 Presumes over possession.
Article 308
The nowadays possession does not presume the previous possession except when
the possessor has a title which consist on basis of his possession.
In this case the possessor is presumed that it was possessed from the date of title.
Manner of the acquisition of possession
Article 309
The possession is acquired through legal transact, by inheritance or occupation.
The possession continues to heir since the opening of inheritance.
The one who has acquired the possession in good faith can unite to his possession
even the time of possession in good faith of person from whom he has acquired the thing.
Protection at the moment
Article 310
The possessor has the right to contradict at the moment, by applying protection,
any act which intends intrusion or divesting from possession. When the thing is taken by
violence or furtively the possessor has the right to take it immediately or during, but by
avoiding acts of violence which do not agree with the circumstances of event.
Article 311
The right for the protection of thing is recognized even to the maintainer of the
thing, against any other person, except against the one from whom these rights come
The cease of intrusion to possession
Article 312
The person who is intruded during the possession of a thing can demand within
six months the cease of intrusion to possession and that it must be no more repreated in
When the possession is acquired by violence or furtively, the action can be

70 brought against within six months from the day when furtivity and violence has ceased.
The cease of intrusion can not be demanded by the person who has violently and
furtively acquired the possession.
The resettlement in possession.
Article 313
The possessor who unjustly is disposed has the right to demand within six months
the resettlement of him in possession.
This right does not belong to the possessor who has acquired the possession
violently and furtively.
When the disposition is done in a conspirative manner, the term to demand the
resettlement of possession starts from the day when was discovered the dispossession.
Article 314
The resettlement can be demanded even against the one who has acquired the
possession through a title, but who was informed of the divesting occurrence.
Article 315
During the judgement of an action for the cease of the intrusion or resettlement in
possession, the defendant can not pretend that he himself is the owner, or has a stronger
right than that of the possessor.
Meaning of inheritance
Article 316
Inheritance is the transfer by law or by will of the property (inheritance) of the deceased
person to one or more persons (heirs) according to the rules determined in this Code.

71 Article 317
Inheritance by law is applied when the person leaving the inheritance has not made a will
or has made it only for a part of his property or when the will is entirely or partially
Time and place of opening the inheritance
Article 318
The inheritance is opened when the person leaving the inheritance dies, and it is opened
in the place where he had his last residence. When that is not known, the inheritance is
opened in the place where all or most of his property is located. It is regulated in
conformity with the law of the time when it is opened.
Article 319
Any agreement by which rights issuing from an unopened inheritance are disposed of or
used is invalid.
Capacity to inherit
Article 320
A person has capacity to inherit who, at the time of the opening of the inheritance, is alive
or has been conceived before the death of the person leaving the inheritance and is born
It is presumed that a person has been conceived at the time of opening the inheritance
when that person is born within 300 days from the death of the person leaving the
Article 321
When two or more persons are entitled to inherit from each other and it is not proved
which one has died earlier, it is presumed that all have died at the same time and no right
is transferred from one to another.

72 Unworthiness
Article 322
One is considered unworthy and cannot inherit when:
– one has intentionally killed or attempted to kill the person leaving the inheritance, his
spouse, his children or his parents;
– one has given false evidence or has officially denounced the person leaving the
inheritance for committing a penal act, when the penalty provided for by law for such
penal act is the death penalty or ten years of deprivation of freedom, or when the
denounciation or the evidence has been declared false by a penal trial;
– one who by deceit, under threat or by violence has urged the person leaving the
inheritance to make, change or invalidate the will or who has himself drawn up a false
will or has used it for his own interests or for those of others;
– one has behaved towards the person leaving the inheritance in a degrading manner or
has maltreated him.
Article 323
Unworthiness of the parent or of another person born earlier does not exclude a child or
one born after him, when they inherit themselves as well as when they come to
inheritance by substitution. In such an event, the unworthy parent cannot enjoy the rights
of usufruct and administration, which the law grants to parents over the property of their
children, over the inherited share which comes to his children.
Pardon of unworthiness
Article 324
The person leaving the inheritance has the right to pardon the person unworthy to inherit,
on condition that the pardon is made expressly by notarial document or by will, or,
although the pardon is not expressly made, the person leaving the inheritance has noted in
his will that he has recognized the unworthiness and nevertheless appoints him as heir.
Liabilities of unworthy heir
Article 325
The person excluded from inheritance as unworthy is liable to return the fruits and any
other income received after the opening of the will.

73 Substitution
Article 326
Substitution allows the placing of substitutes in the place, degree and with the rights of
the person being substituted.
Article 327
Substitution in straight line of those born after is made without limitation and in all
events, be it when the child of the person leaving the inheritance competes with those
born after another child who has died earlier, as well as when the children of the person
leaving the inheritance have died before him and those born after them are or are not of
the same degree, or of their number according to birth.
Article 328
There is no substitution for the earlier born in straight line; the nearest excludes the
Article 329
In indirect line, substitution is accepted in favor of the children of those born after, of the
brothers and sisters of the person leaving the inheritance, even if they compete with their
uncles or aunts or with those born after them of the same degree or not.
Inheritance entitlement
Article 330
Inheritance is gained on the death of the person leaving the inheritance.
Article 331
On the opening of the inheritance, the right of possession of the person leaving the
inheritance on the inheritance property is transferred to the heir, without the need for him
to seize it.
Article 332
The heir may gain all the property of the person leaving the inheritance or a part of it, or
only a determined object or another property right.

74 Renunciation of inheritance
Article 333
Renunciation of inheritance must be made by a written statement, which is registered in
the court of the district of the place where the inheritance is opened, or verbally in judicial
Renunciation may be made also through a representative equipped with special power of
Article 334
The person renouncing the inheritance is considered as to have never been called to
inherit. Renunciation of inheritance does not exclude the heir from the right to request
Article 335
Renunciation of inheritance may be made within three months from the opening of the
inheritance and, when the heir is abroad, not later than within six months.
For the heir who is not born at the time of the opening of the inheritance, the time period
for renunciation starts from the date of birth.
The time period for renouncing the inheritance is suspended for reasons that are valid for
a statutory barring of the lawsuit.
Article 336
When it is not known whether there are heirs, or when the heirs are missing and there is
no news about them, the court of the district where the inheritance is opened, on its own
or on the request of any interested person, determines a time period, not less than six
months from the opening of the inheritance, within which they must declare if they
renounce from inheritance. If no such declaration is made within this time period, it is
presumed that the person leaving the inheritance has left no heirs.
Article 337
Renunciation of inheritance, made before the opening of the inheritance, or when it is
made on condition, or under a time period, or for a part of the inheritance, or to the
benefit of one of the other heirs, is invalid.

75 Article 338
No renunciation of inheritance can be made when, during the three month time-period,
the heir through his actions has behaved as heir.
Actions performed only to safeguard the inheritance property are not considered as
actions of an heir.
Heirs who have removed or hidden objects from the inheritance lose the right to renounce
and remain heirs even if they have declared renunciation from the inheritance.
Article 339
The heir who has duly declared that he has or has not renounced his inheritance cannot
revoke that declaration later.
Article 340
When the heir dies before the expiration of the time period for renunciation from
inheritance, the right to renounce is transferred to his heirs.
Payment of liabilities
Article 341
The heirs are responsible for the liabilities on the inheritance property in proportion to
their shares, up to the value of the inheritance property they have received.
Liabilities on the inheritance property are considered to be those liabilities of the person
leaving the inheritance, the expenses for his burial, and the expenses necessary for the
safeguarding and administration of the inheritance property until it is transferred to the
respective heirs.

76 Article 342
When, in an inheritance, one or several immovable properties are burdened by mortgage,
each heir has the right to request that these properties be relieved from mortgage before
the composition of the inheritance shares are made.
Nevertheless, an heir who has fulfilled a liability issuing from a mortgage placed on an
immovable property in his inheritance share, has a right of return from the other heirs, in
proportion to their shares.
Measures to secure the inheritance property
Article 343
When it is considered necessary to protect the interests of the heirs, or of persons who
may benefit from dispositions by will, or of the creditors of the person leaving the
inheritance or of the state, the court of the district where the inheritance is opened, on its
own or on the request of any interested person, shall order the executor or a notary to
make an inventory of the inheritance property.
The executor or the notary who makes the inventory may appoint a person as guardian of
the inheritance property.
As long as the above measures have not been removed, an heir who may have started to
administer the inheritance property cannot alter that property, except by permission of the
Article 344
When it is not known whether there are heirs, or when the heirs are missing and there is
no news about them, or when the legal heirs or heirs by will have renounced their
inheritance and their heirs are not known, the court of the district where the inheritance is
opened, on its own or on the request of the parties, shall appoint a guardian for the
A summary of the decision to appoint a guardian is published in Fletorja Zyrtare.
Article 345
The guardian demands the making of an inventory of the inheritance property, takes
measures to administer the property, exercises the right of lawsuit and answers the
lawsuits related to such a property, deposits in the bank the money of the inheritance or

77 which results from it, performs other similar actions and renders an account at the end of
Article 346
With the approval of the court the guardian pays the liabilities burdening the inheritance
property, executes the liabilities related to legacies and burdens and, when considered
necessary, even alters inheritance property.
Article 347
The task of the guardian ceases with the appearance of the heir.
Proof of inheritance
Article 348
The right to be an heir, and the heirs share in the inheritance are determined in the proof
of inheritance, issued by the court according to rules determined in the Code of Civil
Lawsuit to request inheritance
Article 349
The heir may request, by lawsuit from anyone who possesses inheritance property entirely
or in part, his acknowledgement as heir and the delivery of the inheritance property and of
any property earned through it, in conformity with the rules on possession in good faith
and in bad faith.
Article 350
A lawsuit for requesting the inheritance may also be brought against the person who holds
the inheritance property based on provisions of the will, even when that holder is the
state. The person who has gained in good faith any thing of the inheritance property from
such an heir is not obligated to return the thing even if it were gained by counter-
The possessor in good faith who has altered also in good faith things from the inheritance
property, is obligated to return to the plaintiff heir the price of the thing accompanied by
the relevant invoice. When the latter has not been paid, the right to request payment
passes on to the plaintiff heir.

78 Article 351
A lawsuit for requesting inheritance is not barred by statute, except for the effects of
statutory limitations for separate properties.
Article 352
Provisions related to possession are applied also for the possession of property in
inheritance with regard to the request for the fruits, for the expenses made or for the
improvements or additions made.
Division of inheritance
Article 353
Any one of the co-heirs has the right to request at any time the division of inheritance
property, even if the person leaving the inheritance ordered differently.
Article 354
The division of the property may be made by agreement of the heirs and, when they do
not agree, by the competent court for the consideration of lawsuits resulting from
Article 355
The division of the inheritance property is made according to the rules set forth in article
207 of this Code and the other provisions of this chapter.
Article 356
In the composition of the belonging shares, each of them must, to the degree possible, be
constituted by the same quantity of movable or immovable property, real rights or credits,
which have the same value in kind.
Article 357
When creditors have sequestered the movable property of the inheritance property, or
have opposed the division according to article 206 of this Code, or the majority of the

79 heirs consider it necessary to pay the liabilities burdening the inheritance, the movable
property shall be sold at auction.
Article 358
The spouse of the person leaving the inheritance has the right to request the share
belonging to him in the common property gained by work during marriage.
The co-heirs, who by their work or their income have helped in incrementing the property
left as inheritance, have the right to request their share in the above-mentioned
incremented property, according to contribution made.
Article 359
The share of a member who dies in the property of an agricultural family passes on to his
heirs, regardless of their membership in the agricultural economy.
When the last member of the agricultural economy dies, the property passes on to his
heirs according to the rules determined in this Code.
Article 360
The legal heirs are children, the children of the children, the spouse, parents, brothers and
sisters and children of brothers and sisters deceased before, grandfather and grandmother
and other persons born before, persons unable to work in charge of the person leaving the
inheritance, his other kin up to the sixth degree as well as the state. These are called in
inheritance according to the order determined in this Code.
Article 361
In the first row are called in inheritance the children and the spouse able or unable to
work, each inheriting in equal parts.
When one of the children has died before the person leaving the inheritance, has become
unworthy of inheritance, has renounced inheritance, his children take his place by
substitution and, when for the above reasons there cannot be heirs, those born after them

80 come into inheritance without limitation. In such an event, the share of the parent who
does not inherit is divided among those born after him in equal parts.
When besides the spouse there are no other heirs of the first row, those of the succeeding
row as set forth in article 362 of this Code are called in inheritance and, when there are no
such, heirs of the next succeeding row as set forth in article 363 of this Code are called.
In any event the spouse receives 1/2 of the inheritance.
When there are no heirs of the above-mentioned rows, the inheritance remains to the
spouse living afterwards.
Article 362
Children born outside marriage, when parenthood is duly recognized, as well as adopted
children, are equal to legitimate children.
The adopted child does not inherit from the family of his origin, nor does it inherit from
Article 363
In the second row, the parents of the person leaving the inheritance and the persons
unable to work, who, at least 1 year before the death of the person leaving the inheritance,
lived together with him as members of his family and in his charge, are called in
Article 364
In the third row are called in inheritance the persons unable to work in charge of the
person leaving the inheritance who are mentioned in article 363 of this Code, when there
are no heirs of the second row, the grandfather, the grandmother, brothers and sisters, as
well as the children of the brothers and sisters who have died before. The above-
mentioned inherit in equal parts, without making distinction between brothers and sisters
of the same father or of the same mother, between the grandfather and the grandmother
on the fathers or mothers side.
Article 365
When the person leaving the inheritance has left neither persons born after, nor parents or
other persons born before, nor brothers or sisters, nor persons born after them, the
property of the person leaving the inheritance passes on to his nearest kin, without

81 distinguishing between fathers and mothers line, but in any event not further than the
sixth degree.
Article 366
When the person leaving the inheritance has not left any heirs up to the sixth degree, the
state is called in inheritance.
Article 367
The state is not responsible for the liabilities of the person leaving the inheritance beyond
the value of the property gained.
Right of addition for household things
Article 368
The heirs who lived together with the person leaving the inheritance at the time of his
death, when called in inheritance, besides the share belonging to them take the
commonly-used household goods, except when the person leaving the inheritance has
otherwise disposed in the will.
Inheritance according to rows
Article 369
Heirs of a succeeding row are called in inheritance only when there are no heirs of the
preceding row or when all of them have become unworthy or have renounced from
inheritance or have been excluded from inheritance, except when from the heirs of the
second row remains the heir unable to work and there are heirs of the third row.
Right of addition
Article 370
When one of the co-heirs called in inheritance has died before the person leaving the
inheritance, or has become unworthy, or has renounced from inheritance, or has been
excluded from inheritance and there are no persons who inherit by substitution, the share
that belongs to him is added to the shares of the co-heirs of that row.

82 Heir unable to work
Article 371
Heirs unable to work are those who at the time of death of the person leaving the
inheritance have not completed sixteen years, or eighteen years when they continue
studies, males who have completed sixty years and females who have completed fifty-five
years, as well as, regardless of age, those of the first and the second group who are
Meaning of the will
Article 372
The will is a one sided legal act performed by the person leaving the inheritance himself,
by means of which he disposes of his property for the time after his death.
The will cannot be made by two or more persons in the same document, nor to the benefit
of a third person, nor by reciprocal dispositions.
Capacity to dispose by will
Article 373
Any person who has completed eighteen years as well as a woman under that age, when
she is married, may make a will.
Minors between fourteen and eighteen years may make a will only for the property gained
by his work.
The person to whom the court has removed the capacity to act, as well as the person who
at the time of making the will is not in condition to understand the meaning of his action,
cannot make a will.

83 Capacity to gain by will
Article 374
Persons are incapable of gaining by will who are incapable to inherit by law except the
non-indirect children of a determined person and alive at the time of the death of the
testator even if those children were not yet conceived.
Article 375
The guardian cannot in any event gain by the testamentary dispositions of the person in
guardianship when they have been made before the approval of the final calculation, even
if the testator had died after the approval of the final calculation.
Dispositions made in favor of the guardian are valid when he is born before, after, or is
the brother, sister or spouse of the testator.
Article 376
Testamentary disposition in favor of the incapable persons mentioned in article 374 and
375 of this Code is invalid even if it was hidden under a form of contract with
compensation or if it was made under the name of an interposed person.
Interposed persons are called: the father, the mother, those born after and the spouse of
the incapable person.
Appointment of the heir
Article 377
The person leaving an inheritance who does not have persons born after him or before
him, or brothers or sisters, has the right to dispose of his property by will in favor of any
natural or juridical person.

84 Exemption form inheritance
Article 378
The person leaving an inheritance, even without appointing heirs in the will, may exclude
from legal inheritance one or more of his heirs.
Legal reservation
Article 379
The person leaving an inheritance can neither exclude from legal inheritance his minor
children or other minor heirs who inherit by substitution (article 363, second paragraph),
as well as his other heirs unable to work if they are called in inheritance nor affect by will
in whatever manner the part which belongs to those heirs on basis of legal inheritance,
except when they have become unworthy to inherit.
Article 380
When the testator disposes by testament a usufruct or a life rent, income from which
exceeds those of the disposable part, the heirs who have the right to legal reservation may
execute this disposition or may resign from the rights to the disposable part.
The same right of choice have also the persons who benefit from the legal reservation in
the event the testator has disposed the divested property of a part which exceeds the
disposable amount.
Article 381
The person leaving the inheritance may determine in the will that, if the heir dies before
him or becomes unworthy, or renounces from the inheritance, the inheritance be taken by
one of the other heirs indicated in articles 361, 363, 364 of this Code and, when there is
no one of them, by another person.
But the person leaving the inheritance cannot obligate the heir to safeguard and, after his
death, to deliver to another person all or part of the inheritance he has received.

85 Right of addition
Article 382
When the person leaving the inheritance has left all his property to the heirs appointed in
the will and one of these heirs has died before him, or has become unworthy, or has
renounced from the inheritance and the person leaving the inheritance has not appointed
in such event another heir in lieu of him, as well as when one heir is excluded from
inheritance, the share that belongs to him is added to the shares of the other co-heirs
appointed in the will in the proportion of their inheritance shares.
If some of the heirs have been appointed jointly to a part of the property, the addition is
made only between those co-heirs.
Article 383
When the person leaving the inheritance has left by will only a part of his property, even
if in this part he had appointed jointly many heirs, the share of one who for the reasons
indicated in the preceding article cannot be or does not want to be a heir, passes on to the
legal heirs of the person leaving the inheritance.
Legacy and burden
Article 384
The person leaving the inheritance may charge the heir or the heirs appointed in the will,
from those indicated in articles 361, 363, 364 of this Code, to give to one or more legal
heirs a property benefit from the inheritance, without making them heirs (legacy).
When the person leaving the inheritance, who does not have heirs from those indicated in
articles 361, 363, 364, has appointed other persons as heirs in the will, he may charge
them with legacies to the benefit of any person.
The provisions of capacity to inherit are valid also for the person to whom the legacy is
Article 385
The legatee has the right to request the fruits or the interest resulting from the legacy,
from the day
appointed to deliver the legacy to him and, in its absence, from the day the lawsuit was
commenced by service of notice.

86 They may be requested from the day of the death of the person leaving the inheritance,
when the person leaving the inheritance has expressly disposed or when the legacy is a
deposit in money.
Article 386
The person leaving the inheritance may charge the heir or the heirs appointed in the will
to perform any action beneficial to the society or any other action, without giving any
right to the person charged for this action (burden).
When the person leaving the inheritance leaves by will his property to the state, its
organs, or different entities, he has the right to determine the purpose for which the
property must be used.
Article 387
When the heir charged with the legacy or the burden has died before the person leaving
the inheritance, or has become unworthy or has renounced from the inheritance and the
person leaving the inheritance has not appointed another heir in his place, for the
execution of the liabilities in relation to the legacy or the burden are charged the co-heirs
or the legal heirs, to whom are added or are transferred the share of the one who for the
above reasons cannot or does not want to be a heir.
If the execution of the liabilities related to the legacy or the burden is closely related to
the person who for the above reasons cannot or does not want to be a heir, the legacy or
the burden remains without effect.
Article 388
If among the heirs, none of them is charged by the testator to fulfill the legacy, each heir
is obligated to contribute for the fulfilment of his share according to the belonging share.
Article 389
When the property given in legacy is indicated only as kind or amount, the right of choice
rests with the heir, but the property cannot be below average quality.

87 Article 390
When the person to whom the legacy is left has died before the person leaving the
inheritance or has become unworthy or has renounced the legacy, and the person leaving
the legacy has not appointed another person in his place, the legacy goes to the benefit of
the heir charged with that legacy.
But if the legacy has been left to several persons jointly, the share of one who cannot or
does not want to take the legacy is added to the remaining joint holders in proportion to
their shares.
Article 391
The person to whom the legacy is left has the right to request from the charged heir the
execution of the liability in relation to the legacy.
The execution of the liability of the heir related to the burden may be requested by the
executor of the will, by the co-heirs, by the relevant state or private organisations.
The liabilities related to the legacy and the burden are executed after the liabilities
burdening the inheritance property are executed.
Forms of the will
Article 392
The will is made in two forms: by holograph and by notarial document.
Holographic will
Article 393
The holographic will is entirely written by the hand of the testator, including the date and
his signature. The date of the will must indicate the day, month and the year.
The signature is placed at the end of dispositions.
Article 394
The person who is not able to read his own handwriting cannot make a holograph will.

88 Article 395
Persons who cannot hear (deaf) or who cannot hear and speak (deaf-mute), may dispose
by holograph will or by will taken by the notary, in conformity with the rules set forth in
the law On Notary.
Article 396
The holographic will may be deposited with the notary for safeguarding in conformity
with the provisions of the deposition of documents with the notary.
Will by notarial document
Article 397
The will by notarial document is edited by the notary and is signed by the person leaving
the inheritance in the presence of the notary.
When the person leaving the inheritance does not know how to sign his name, or due to
illness of physical handicap cannot sign, the will is signed in conformity with the rules set
forth in the law On Notary.
Special wills
Article 398
In the places where there is no notary, the will may be certified by the chairman or the
secretary of the municipality or of the commune.
Article 399
The will of a person who is in the military service may be certified by the commander of
the military unit in which he is a member and when he is hospitalised for cures, by the
director of the hospital.
Article 400
The will of a person who is on an Albanian ship sailing or which has stopped in a foreign
port, may be certified by the captain of the ship.

89 Article 401
Disposition by will made on a suspending condition, remains without effect when the
person, in whose favor it has been made, dies before the person leaving the inheritance.
Revocation of the will
Article 402

The will of a later date revokes that of an earlier date entirely or only for the part that is
not compatible with the new will.
The will also can be revoked by means of a statement made at the notary by the person
leaving the inheritance.
Invalidity of the will
Article 403
The will is invalid when it is made by a person who cannot make a will (article 373).
Article 404
The will is invalid when it is not made in the form required by law.
Article 405
The will is invalid when dispositions are made by will to the benefit of persons who
cannot inherit (articles 374, 375).
Article 406
The will is invalid when disposition by will is contrary to articles 377 and 384 of this

90 Article 407
The will is invalid when disposition by will of the person leaving the inheritance exempts
from legal inheritance his heirs who are minor or unable to work or affects their legal
Article 408
The will is invalid when disposition by will is made contrary to the law or deceiving the
Article 409
The will is invalid when disposition by will is made under the influence of deceit, threat
or violence, or while mentally ill, without which the person leaving the inheritance would
not have made such a disposition
Article 410
When the will is declared invalid by the court, legal heirs are called in inheritance, except
when it is the case of addition to the benefit of the heirs appointed in the will according to
article 381.
When only some of the dispositions of the will are declared invalid, the other dispositions
remain in effect.
Article 411
The lawsuit on the invalidity of the will or of the disposition by will may be brought by
the heir and by any other interested person within three years from the opening of the
Article 412
When disposition by will is invalid because the disposition by the person leaving the
inheritance has excluded by legal inheritance his heirs who are minors or unable to work
or affects their legal share (article 407), the heir who is excluded from the inheritance or
whose legal share is affected, has a right to request to the other heirs, as the case may be,
the delivery or the fulfillment of the share belonging to him on the basis of the legal

91 Article 413
For the determination of this share is joined the whole property that the person leaving the
property had at the time of his death, deducting from it the liabilities burdening the
inheritance and dividing it by the number of the heirs who would have been called in
inheritance if the person leaving the inheritance would not have made a will.
Executor of the will
Article 414
The person leaving the inheritance may charge one or more persons to execute the will.
The appointment as executor must be accepted by him in the will itself or by a separate statement
that is attached to the will.
If the person leaving the inheritance does not appoint an executor of the will, its execution is
charged to the heirs appointed in it.
Article 415
The executor of the will must make the inventory of the inheritance property, by inviting to
participate the heirs and the persons who benefit from the will.
The executor of the will administers the inheritance property, by performing the action necessary
for the execution of the dispositions of the will, but cannot alter the inheritance property, except
when the need arises and with the permission of the court, which decides after having first
listened to the heirs.
Article 416
The district court, on the request of the heirs or of the persons having an interest, may discharge
from his duty the executor of the will for serious violations of his duty or for incapability in
administering the inheritance property.
Article 417
The powers of the executor of the will are not transferred to his heirs.

92 Article 418
When there are several testamentary executors, one of them may, in the absence of the others, act
alone, but all of them are jointly responsible for the things entrusted to them, except when the
testator has divided the duties.
The definition and derivation of obligations.
Definition of obligation.
Article 419
The obligation is a juridical term through which a person (debtor) is obligated to give
something or to perform a certain act on the utility of another person (creditor), who has also the
right to demand in order to be given something or to demande the performance or
nonperformance of the act.
The derivation of obligations.
Article 420
Obligations source from the contracts and law.
The economic nature of obligation.
Article 421
The object of the obligation must have an economic evalutation and must respond to the

93 interests, even if there are not property ones, of creditor.
The correctness of participants in obligation.
Article 422
The creditor and debtor must behave correctly toward each other, with impartiality and
according to the requests of reason.
Solidary obligations
Article 423
The obligation is solidary when the creditor or one of the creditors has the right to
demand the execution of the same obligation completely or partly as from the debitors together
or from each of them separately.
Article 424
There is solidary obligation only when it comes from the will of parties or when foreseen
by law.
Article 425
The obligation is solidary even when the debtors are each of them obligated in different
manners or even when the common debtor is obligated in different manners to each of the
Article 426
The execution of obligation from one of the debitors, solidary one, discharges all other
The solidary debtors are discharged from the obligation even through the giving of a thing
on the execution of the obligation from one of the solidary debtors to the creditor.
Article 427
The retardiness of the creditor toward one of the solidary debtors extends the effect to all
other debtors.
The solidary debtor can not compensate his obligation by the credits which other debtors
have toward the creditor.
The solidary debtor may not assert personal defences of other debtors to creditor.
Anyone solidary debtors must not burden the position of others by his acts, except when it
is differenly foreseen by law.
Article 428
The deptor has the right to make choisce for paying one or another solidary creditor,
except when he is not prevented before through a written announcement by any one of them.

94 The creditors are solidary when each one of them has the right to claim the paiment of the
all obligation and the payment done from one of them, three the debtor from all th creditors.
Article 429
The renoval of obligation made by the debtor with one of the creditors discharges all
other debtors, except when the creditor has kept the rights toward them.
The donation of obligation made to one of the debtors discharges all other debtors. When
there is donated part of debtors discharges all other debtors. Are reduced for that much as it is
the donated part.
The union of qualities of ceditor with that of solidary debtor in a sole person extinguishes
the obligation of other debtors, for the part of this debtor.
Article 430
In relations between each other the solidary debtors take part in the liquidation of
obligation according to the part each one has.
The debtor who has executed a solidaty obligation has the right to demande from the
other debtors the payment in equal shares of the obligation executd by him, except when it is
differently foreseen by the contract or law.
When the solidary debtor who has executed the obligation has not reached to get the part
of obligation from a dentor, then it is devided depending from the case between him and other
debtors in equal shares.
Article 431
The solidary debtors are obligated to face in proportion to their parts all expenses verified
as necessary to perform the execution of obligation.
Article 432
The solidary debtor who executes the obligation must assert the common defences for all
debtors to the creditor, otherwise he losses the right to demand from other debtors the part for the
liquidation of obligation they deserve.
Also he losses this right even when he has not announced the other debtors that he has
executed obligation and as consequence of this one of debtors has separately executed it himself.
Article 433
The interruption of prescription with acts of creditor toward one of the solidary debtors,
and the interruption of prescription from one of solidary creditors toward co debtor effect even
the other debtors and even the other creditors.
The sospension of prescription towards one debtor or one creditor, solidary ones, has no
effects towards the oters.
The give up from prescription in accordance with article 106 of this Code done from one
of solidary debtors does not effect others, while the give up (retire) from prescription by one of
solidary creditors has effects toward others.

95 Article 434
The solidary debtor to whom is demanded the payment of his part of obligation, can not
assert to debtor who has paid it the prescription of action of creditor, except when he himself and
the debtor who seeks the share had the possibility to assert the completed prescription. This
paragraphe is not applicated when by agreement the solidary debtors have decided differently.
Article 435
In case when the execution of obligation becomes impossible attributable or during the
continuity of tardy of one or some solidary debtors, the other debtors are not discharged from the
obligation of fulfiling it.
The creditor can demand total compensation of caused harm for this reason only by
solidary creditors or from each of them, whose fault made impossible the execution of obligation
or who have been in tardy.The other debtors remain solidary only for the first obligation.
The retardiness of one of solidary debtors brings no juridical consequences for the other
Article 436
The obligation is alternative when the debtor is discharged from it by fulfiling one of its
mentioned kinds separately according to his, creditor=s or a third=s wish. The debtor can not
demand from creditor to accept the fulfilment of obligation partly from one kind and partly from
its other kind.
Article 437
The right of choice belongs to the debtor, except when the law or contract foresees to
leave it to the creditor or third person.
The election with the fulfilment of one of the obligation=s forms or by the onnouncement
of the election=s declaration to the other part or both parts when the right to be elected belongs to
a third.
When right of choice belongs to many persons and they do not agree, then the court
decides a term for them. When the choice is not performed during the decided term, then the
court performes it.
Article 438
1. When in an alternative obligation, the debtor does not execute any of kinds of
obligations in proper term, the right of choice passes to creditor.
2. In case when the right of choice is left to creditor and he has not exercised it at the
decided term (period) in agreement or decided by debtor, then the choice passes to the last one.
3. When the right of choice is left to a third person and he does not exercise in proper

96 term, then the choice is made by the court.
When this right is left to some persons, the court decides a term for them. In case when
the choice is not made in proper term, then it is performed by court.
Article 439
The alternative obligation is simple when one of two kinds of obligation can not become
an obligation object and when its fulfilment is made impossible becose of the fault of no one
from the parties.
Article 440
When the right of choice is left to the debtor, the alternative obligation becomes simple in
case when one of two kinds of obligations becomes impossible and for his fault. In case when
this impossibility occures because of fault of creditor, the debtor is discharged from obligations
when he does not accept to applicate the other obligation and demandes the compensation of
When the choice is left to creditor, the debtor is discharged from obligation when the
impossibility of fulfiling one of two kinds of obligations occured because of fault of creditor, and
hi does not accept the execution of other kind of obligation and seeks compensation of harm. In
case when choice is left to creditor and impossibility is charged to debtor, the creditor can make
the other choice or seeks the complete compensation of harm.
Article 441
When both kinds of obligation have become impossible and the debtor has to be
responsible for one of them, he must pay the value of the obligation which became impossible
the last, if the choice for this is left to him.
If the right of choice belongs to the creditor, he has the right to ask for the value of one or
the other kind of obligation.
Apportioned obligations
Article 442
When many debtors or creditors participate in the same obligation and this obligation is
apportioned, each debtor is obliged to execute and each creditor has the right to ask for an equal
part of the obligation, except when the contract or the law provide differently.

97 Unapportioned obligations
Article 443
When there are many debtors in the same obligation, which is an un apportioned one, all
the debtors are called solidary debtors.
The obligation is un apportioned from its own nature and from the aim of the parts in the
contract. In such cases the obligation remains un apportioned even for the heirs of the debtors.
Article 444
The un apportioned obligations are regulated by regulations that deal with solidary
obligations, apart from what is provided in this chapter.
Article 445
The obligation of the payment of a sum of money is liquidated with its own nominal
value, except when results differently by law or contract.
Article 446
The monetary obligation is accomplished in the currency of the country in which the
payment is done or in the currency accepted in the contract.
Article 447
When the creditor has an open account at the state where the payment shall or might be
done, debtor must accomplish the obligation by crediting to this open account the respective sum,
except when the creditor has excluded the payment from this account.
The payment is considered made at the moment of its credit to the account.
Article 448
The payment is done at the place of residence of the creditor on the date of the payment.

98 Creditor may establish another place within the borders of the country in which he was resident
at the time of payment or at the time in which the obligation was created.
Article 449
In case the payment must be done in a place other then the residence of the creditor at the
time in which the obligation was created and the accomplishment of this obligation would
become too difficult, the debtor may suspend the payment until the creditor has fixed another
place which can avoid the excessive expenditures.
Article 450
The recompense for the damage caused by the delay of the payment of a certain amount
of money, consists of matured interests, from the day the debtor’s delay begun, in the official
currency of the country where the payment is done. The percentage of interest is defined by law.
At the end of each year, the matured interests are added to the sum of the obligation upon
which their calculation is done.
The legal interest is paid without the creditor being obliged to prove any damage. When
the creditor proves that he has incurred a damage greater than the legal interest, debtor is obliged
to pay him the other part of the damage.
Article 451
When the obligation is linked with the payment of an amount of money in a currency that
has no official exchange rate in the country where the payment must be done, debtor has the right
to execute the obligation in the currency that has an official exchange rate in the country where
the payment must be done, except when provided differently by law or contract.
Article 452
When the obligation is linked with the payment of an amount of money in a currency
different from the currency of the country where the payment must be done, and when the debtor
pretends that he cannot liquidate the obligation in this currency, the creditor may accept the
liquidation in the currency of the country where the payment takes place.
The above mentioned rule is applied even when the debtor is obliged to pay in the
currency accepted initially.

99 Article 453
When the obligation must be executed in a currency different from the currency accepted
initially, the exchange must be done in the official exchange rate of the day of payment.
Article 454
Article 450 of this Code doesn’t take away the right to the creditor to require the
recompense for the damage caused by the fact the exchange rate of the defined currency might
have changed form the day in which started the delay.
Article 455
The debtor and the creditor must show the proper care and must be punctual in the
accomplishment of the obligation according to its content.
Article 456
The obligation for the delivery of a certain object, includes even the care to be taken for
its preservation.
Article 457
When the object of the obligation is the delivery of objects defined only in their kind,
their quality must not be below the average quality.

100 Article 458
The delivery of the objects is done according to the way defined in the contract and when
this way is not defined, it is done:
a) by delivering to the person who has won their property or to the person who
relinquishes his rights.
b) by charging either the person making the delivery or the post office to make the
delivery to the winner, at the place shown by him.
c) by delivering to the winner or by sending to him by mail, the documents and
certification that give him the right to possess the objects.
Article 459
The debtor must not execute the obligation piece by piece without the consent of the
creditor, even if this obligation is apportioned.
Article 460
The obligation may be executed also by a third person, that is not a debtor, except when
the creditor is interested to have the execution done by the debtor, or when the creditor is
informed about the objection of the debtor.
The place of the obligatory execution
Article 461
In case the place where the execution of the obligation will be done, is not defined in
contract, in law or is not understood by the nature itself of the obligation, the execution is done:
a) at the place where the object is located, if the object to be delivered is immovable.
b) for the objects defined in an individual way, execution is done at the place they were
when the obligation was created.
c) the delivery of an object defined in sort and quantity, the execution is done at the place
where the debtor exercises his professional activity or at the place of his residence.
d) for the monetary obligations, the execution is done according to the rules defined in
chapter V and IV of this Code.
Article 462
The creditor must not be obliged to accept an object different from the one defined in the
object of the obligation even if the value of the offered object is bigger.

101 The deadline of the execution of the obligation
Article 463
The execution of the obligation must be done within the deadline defined in the contract.
When this deadline is not defined in the contract or when the execution of the obligation is left in
the desire of the creditor, he may ask the execution any time and the debtor must execute it
within 15 days from the day it was required by the creditor.
Article 464
The deadline defined in contract is presumed to be defined in the benefit of the debtor,
except when from the will of both parts or from the nature of the obligation, it’s otherwise.
The execution of the obligation before the end of the deadline is not considered of no
value, except when the deadline is defined in the benefit of the creditor.
Article 465
The debtor can not claim the right of the deadline when:
a) he is bankrupt;
b) he has not given the promised guarantees;
c) the guarantees that ensure the credit are diminished for his fault, except when they
remain, still constitute a sufficient guarantee for the execution of the obligation.
Execution towards the creditor
Article 466
The execution of the obligation must be done to the creditor himself, to his
representative, or to a person authorised by the creditor, by law or by court.
The execution of the obligation done to a person that is not authorised to accept it,
discharges the debtor only in case the creditor has accepted later this execution, or if is verified
that has benefited from it.
Execution towards a third person
Article 467
The debtor that executes an obligation to a person who according to indubitable
circumstances seems to be authorised to accept it, is discharged from the obligation if he proves
he has been in good faith.

102 The person that has accepted the execution of the obligation, is obliged to restitute the
true creditor, what he has taken from the execution of the obligation.
The execution towards an unable creditor
Article 468
When the execution of the obligation is done to a creditor that is not able to act, the
debtor is discharged in the same amount that has gone to the beneficial of the creditor or of his
legal representative.
The execution for the account of many obligations
Article 469
When the execution is done for the account of many obligations and towards the same
creditor, the debtor may define in the time of execution which is the obligation he is executing.
When it does not exist a definition of the debtor for the order of the execution, first it is
executed the obligation of which deadline has expired, if they are many of them, the execution
begins from the obligation with value and if there are some of this type, it begins with the oldest,
and when they have the same age, the execution is done proportionally.
Article 470
The execution in monetary value for the account of a certain obligation, includes initially
the liquidation of the expenses, later the liquidation of matured interests and then the liquidation
of the obligation and of the usual interests on it.
The creditor may refuse the payment in case the debtor defines a different order during
the execution or he may not accept the full liquidation of the value of the obligation; without
getting also the matured interests, those in continuity and the respective expenses.
Article 471
The creditor might not accept the execution of the obligation for the delivery of an object
different from the one defined in contract even if the value of the offered object is equal or
The expenditures of the execution, the respective receipts
Article 472
The expenditures are in charge of the person who executes the obligation, whereas the

103 expenses of the receipt are in charge of the person who benefits from this receipt.
Article 473
The creditor issues a receipt for every payment done as execution of the obligation,
except when it results differently from the contract.
In case the creditor owns a document whose content makes evident the obligation, the
debtor who has executed this obligation may require the restitution or the annulment of this
document, except when the creditor has reasonable interests for its preservation (for keeping it),
with the condition that he writes down in the document the execution of the obligation.
When the creditor refuses to accomplish the obligation according to the above mentioned
paragraph, the debtor may suspend the execution of the obligation. When the creditor pretends he
has lost the document he is obliged to give to the debtor a declaration in a written form where it
is accepted the execution of the obligation. The declaration must be notarial when demanded by
Article 474

When the same kind of payments for liquidation of the obligation must be done
periodically, the receipts issued for two consecutive payments presume that the previous
payments are done.
The receipt issued from the creditor for the main obligation, presumes that the
expenditures and interests of this obligation are liquidated.
Liberation of objects from the guarantees
Article 475
The creditor that has accepted the execution of the obligation, must liberate the objects
from the real guaranties given for the security of the execution of the obligation and from any
other obstacle that may limit the use of the propriety.
The substitution of the debtor
Article 496
The substitution of the debtor with another person, who undertakes the obligation, may be

104 done only with the consent of the creditor. The substituted debtor is discharged from his
obligation towards the creditor.
The guarantees given by third persons for the obligation are cancelled, in case they have
not given the consent that they remain also for the new debtor. The pledge or mortgage given by
the previous debtor remain valid.
Article 497
The new debtor might claim against the creditor all the objections that derive from the
obligation he has undertaken, as well as those that could be claimed by the previous debtor,
except those related with the last person.
Article 498
The agreement by which the debtor and a third person become co-debtors for an
obligation, when the consent of the creditor is taken, cannot be changed or annulled without the
consent of the creditor. Both co-debtors are jointly and severally liable to him.
Transfer the credits
Article 499
The creditor may pass his credit to another person even without the consent of the debtor,
with the condition that the credit has not a strict personal character and that this transfer is not
prohibited by law. In a special way is not permitted the pass of the credit to another person, when
this results from the death or harm of health, and of the credits that cannot be sequestrated.
The parts in an agreement may exclude the transfer of the credit, but the agreement
cannot be directed against the person to whom the credit is transferred if it is not proved that he
knew it at the moment of the transfer.
Article 500
The credit transfers together with the privileges, guarantees and other rights, including the
interests for the past time, except when provided differently in the contract.
The person that transfers the credit cannot transfer to the other person the possession of the
object that is pledged without the consent of the other party. On the contrary, the creditor
remains the guardian of the pledge.
Article 501
The transfer of the credit must be done in a written form, otherwise is not valid.

105 Article 502
The transfer of the credit affects the debtor and third persons, from the day when the
debtor accepted or was informed by the previous creditor or by the new creditor.
The debtor that has executed his obligation before he was informed for the transfer of the
credit, is discharged by the obligation.
Article 503
When the credit has been transferred to some specific persons, it is preferred in
liquidation that the transfer that was notified previously to the debtor, or that was accepted
previously by the debtor, with a document where the exact date is written even if this is a later
Article 504
The transfer of the credit does not harm the protecting means of the debtor.
The debtor must claim against the new creditor the objections that he could have claimed
against the previous creditor, at the time he was notified about the transfer of the credit.
He might ask to be compensated for a credit towards the first creditor, even if it was not
possible to ask for it by that time, provided it did not become possible to ask for it after giving
the credit.
Article 505
When the transfer of the credit is done with a baresor [?] title the creditor guarantees the
existence of the credit at the time of its transfer.
When the transfer is done free of charge, the creditor does not guarantee the existence of
the credit.
Article 506
The creditor that transfer the credit is not responsible for incapability to pay of the debtor,
except when he has taken the responsibility to guarantee.
In this case he is responsible for what he has taken. Apart from that he must be
responsible for the interests, for the expenses of the transfer, and for the expenses done by the
person to whom the credit has passed, for the legal suits against the debtor and recompense the
damage. The agreement which aims to aggravate the responsibility of the person who passes the

106 credit, is not valid. When the creditor who passes the credit guaranties the capability to pay of the
debtor, the guaranty disappears, if the non execution of the credit for incapability of the debtor to
pay has come because the new creditor did not pay attention to follow the issue towards the new
Article 507
The creditor that makes the transfer of the credit must deliver to the other creditor the
documents that prove the credit, which are in his possession.
When it has been passed only a part of the credit, the creditor is obliged to deliver to the
other creditor an authentic copy of the documents.
The renewal
Article 508
The obligations are annulled with renewal, when the parts by agreement substitute the
initial obligation with another obligation different from the first one.
Article 509
The guarantee [?] , pledge, and the mortgage of the first credit are annulled except when
the parts explicitly agree for their conservation also for the new credit.
Article 510
The renewal is not valid if the initial obligation is not valid. When the initial obligation
results from a title which can be annulled, the renewal is valid in case the debtor has accepted the
new obligation, having knowledge of the defects of the initial title.
The donation of obligation
Article 511
Creditor’s written declaration of obligation’s donation, annuls it if to debtor has been
given notice about that, apart when the debtor declares within a certain time limit that he does not
like to benefit from this donation.

107 Article 512
When the debtor owns the private document that proves the obligation, its annulment by
donation is presumed, except when it is proved that the document has not been restituted by the
creditor in purpose.
Article 513
The abolition of the guarantee to obligation, does not presume its donation.
Article 514
When two persons are obliged towards each other in money or things which are of the
same sort and which are replaceable and if their obligations can be required, precise and
determined in amount or quantity, the obligations of both parties are annulled, by making the
compensation among them. The obligations are annulled up to the amount or quantity of the
smallest obligation.
Article 515
The compensation annuls both obligations starting from the day they were joined.
When for one of the credits or for both of them the interest have been paid, compensation
is done until the last deadline in which the interests are paid.
The prescription does not stop the compensation if it is not compiled the day when both
obligations are joined.
Article 516
The compensation is done by means of a declaration which one party sends to the other.
The declaration cannot be done with a time limit or with a condition.
When compensation does not cover all the credit or when the creditor needs to hold the
credit title in order to exercise his other rights, he can hold it by the condition to note down in
tittle the content of the declaration and to deliver a copy of credit tittle to the other party.
Article 517
When the declaration concerning the compensation given by one party is not accepted by
the other party, this party is obliged to give immediately a notice to the party who has sent the
declaration, by expressing the reasons of refusal.

108 Article 518
It cannot be compensated without the creditor’s consent:
a) the credits resulting by death or health damage;
b) credits which can not be sequestrated;
c) credits resulting by taxes or imposts.
Article 519
Compensation cannot be accomplished if it results in harm of third persons who have
won rights of “usufruct” or pledge upon the credit.
Article 520
The guarantor can claim the creditor’s compensation of the obligation towards main
debtor. Main debtor can not claim compensation of creditor’s obligation towards the guarantee.
Article 521
When two obligations are not payable at one place, their compensation cannot be done
except after completing the calculation concerning those expenses for the transfer to the place of
Article 522
When the credits and monetary obligations are included in the same account, they are
compensated immediately according to the order that parties have accepted in agreement, and to
its absence, according to the rules foreseen in articles 469 and 470 of this Code.
The party who administers the account, after closing this account by the compensation
which has been done, gives a notice to the other party about the remaining, the precise date of
calculation and the issues of the account which have not been communicated yet to the other
If the other party does not oppose within a certain time limit, the remaining which has
been noticed, is considered accepted by parties.
Article 523
If a declaration of compensation does not show in a sufficient way the obligations
included in compensation, the rules provided in article 470 of CC are implemented.

109 Each party may oppose immediately to the compensation done in case the calculation of
obligation, expenses and interests, has not been done according to the above mentioned
Combining of creditor’s and debtor’s characteristics
Article 524
The obligation is annulled when the characteristics of the debtor and creditor are
combined in one person. The obligation is created again when this combination ends.
Article 525
The combination cannot be done if to do so would harm third persons who have won the
rights of “usufruct” or pledge upon the credit.
Annulment because of impossibility of execution
Article 526
The obligation is annulled when its execution becomes impossible, not for the fault of the
debtor, and before the debtor has been delayed.
The obligation is annulled also when the debtor, although delayed, proves that the
impossibility would exist even if the creditor had been in the place of the debtor.
In such cases, debtor must remit his windfall to the creditor.
Article 527
When the impossibility of obligation’s execution is temporary, debtor is not liable for the
delay of execution for the time it lasts.
But the obligation is annulled even when the impossibility lasts as long as the debtor,
according to the title of obligation and its nature, is not obliged to accomplish it, or the creditor
has no interest any more.
Article 528
When the execution of the obligation is only partially impossible, the obligation is
executed for the part which can be executed.
Article 529
When as object of obligation is the delivery of a object which is completely damaged, or

110 is lost, not for the debtor’s fault and before the debtor has been put in delay, creditor enters in to
the debtor’s rights concerning this object, depending from the facts that caused the impossibility
to execute the obligation. The creditor has the right to ask from the debtor what he has received
as result of the recompense of the damage.
Liability for causing the damage
Article 608
The person who illegally and for his fault, causes a damage to another person or to his
property, is obliged to recompense the damage caused.
The person who has caused the damage is not liable if he proves that he is innocent. The
damage is illegal when it results from the violation of the interests and rights of the other person,
which are protected by law, judicial order, or custom.
Article 609
The damage must be an immediate and direct consequence of person’s action or missed
If a person who has the legal obligation of avoiding a certain event, does not act to avoid
it, he is liable for the damage caused from it.
Article 610
The agreement which preliminarily excludes or limits the liability of the person who has
caused damage wrongfully is not valid.
Article 611
The person who causes damage to another person in order to defend himself or a third
person is not liable.
Article 612
The person who has caused damage being forced by the circumstances to save himself or
the others from a momentary risk of a heavy damage and if this risk has not been caused by him
or could not be avoided by him, is obliged to recompense the damage. Court, taking into
consideration the special circumstances of the event, might discharge this person completely or
partially from the obligation of damage recompense.

111 Damage caused by minors and the physically and mentally handicapped
Article 613
Minors less than 14 years old, and the physically and mentally handicapped, are not liable
for the damage they cause.
Parents, tutors, or persons who supervise the unable people, are liable for the damage
caused by illegal actions of children below 14 years of age, of the persons under their tutor ship,
and of persons under their supervision and with whom they live apart when they demonstrate that
they could not avoid the damage caused.
Article 614
The minor who is above 14 years old is liable for the illegal damage he caused.
Parents or tutor are liable for the above mentioned damage if the minor does not earn
income by work or has no property himself, apart if they prove that they could not stop the
damage caused.
The damage caused by supervised persons
Article 615
Teachers and other persons who have under supervision minors, or persons who teach to
others a profession or skill, are liable for the illegal damage caused to the others by the pupils or
the persons they supervise, or the persons who learn a profession or skill near them, caused
during the time they were under their direct supervision, apart when they prove that they could
not avoid the damage.
Article 616
The person who causes damage is liable even if during the moment of damage he was not
conscious of his actions.
The court might reduce the recompense taking into consideration the age, consciousness
level of the actions done and the economic conditions of parties, except when the person is
responsible for these conditions.
Libelous, false and inaccurate publications
Article 617
When the liability of a person towards another person concerning the publication of
incorrect, incomplete, or fraudulent data, is proved, the court, at the request of the damaged

112 person, obliges the other person to publish a correction deemed appropriate by the court.
The court can order the publication of a correction even if it is proven that the publication
of data is not illegal and done deliberately, if their author had no knowledge of the incorrect or
incomplete nature of this data.
Employer’s liability
Article 618
Employer is liable for the damages caused to third persons to the fault of the employees
who are at his service, during the exercise of duties they perform.
Juridical person is liable for the damage caused by his organs, during the performance of
their duties.
Article 619
If a person performs activities in the framework of another person’s duty, and under the
instructions of the other person, without being his employee, is liable for the damage caused to a
third person during this performance.
The other person is liable too, in front of the third person.
Representative’s liability
Article 620
If the representative’s activity during the exercise of the powers he has assumed, brings a
wrongful liability towards a third person, the person who is represented is also liable to this
Liability resulting from use of animals
Article 621
The owner of an animal or the one who uses the animal, is liable for the damage caused
by the animal, except when he proves that he had the control of the animal’s behavior but could
not avoid the damage.
The liability resulting from the performance of dangerous activity
Article 622
The person who performs activities that are dangerous by their nature or by the nature of

113 the means (things) used and causes damage to other persons, is obliged to compensate for the
damage except when he proves that all the necessary and suitable precautions were taken to
avoid the damage.
Article 623
The owner of a building or of a construction is liable for the damage caused by the
defects or whatever defect that is related to their construction or maintenance.
But the owner of a building or construction has the right to demand to the persons who
are liable to him to compensate for the damage he suffered.
Liability concerning the environment
Article 624
The person who wrongfully damages the environment, by worsening, changing or
harming it, completely or partially, is obliged to compensate for the damage caused.
Liability concerning the non-property damage
Article 625
The person who suffers damage, different by property damage, has the right to claim
compensation if:
a) he has suffered injury to his health or harm to his honor;
b) the memory of a dead person is desecrated, and the spouse he lived with until the day
of his death, or his relatives up through the second scale, seek compensation, except when the
injury has been done when the dead person was alive and he was given the right of compensation
for the desecration done.
The right foreseen in the above mentioned paragraph is not hereditary.
Joint and several liability
Article 626
When damage is caused by many persons together, they are jointly and severally liable to
the damaged person.
The suit of restitution
Article 627
The person who has compensated the damage has the right to require from each of the
other persons responsible for the damage his share of the damage, in direct proportion to the level
of responsibility of each person and of the resulting consequences. When each party’s
proportionate share cannot be defined, the guilt is presumed to be equal.

114 Parents or tutors who have paid compensaton for the damage caused by minors or by
people unable to act, have no right to require from them the restitution of the compensation for
the damage they paid.
A. Manufacturer liability
Article 628
Manufacturer is liable for the damage caused by the defects of his products, except when:
a) the manufacturer has not put the products into circulation;
b) under proven circumstances, is evaluated that the defects that caused damages, did not
exist at the time when the product was put to circulation, or these defects subsequently appeared;
c) the product was not manufactured for the purpose of sale or for any other form of
distribution, with a certain economic purpose of the manufacturer, neither produced or
distributed under the framework of an enterprise or professional activity;
d) the defects are consequences of the fact that the product was in compliance with the
rules determined by public institutions;
e) technical and scientific knowledge could not discover the defects when the product was
put into circulation;
e) it is the matter of production of a raw material or the fabrication of a part of a product,
which results in the defect when the whole product is manufactured, or as result of erroneous
guidelines given by the manufacturer of this product.
Article 629
The manufacturer’s liability is reduced or annulled when, according to circumstances, the
damage is caused both by the product’s defects and the injured person, or by a person to whom
the damaged person is responsible. The manufacturer’s liability is not reduced when the damage
is a common result of the product’s defects and the behavior of unrelated third parties.
Article 630
An object, is considered defective when it does not deliver the guarantee expected from
it, taking into consideration all the circumstances, in particular:
a) product appearance;
b) the reasonable use of the product;
c) the time when the product is put into circulation.
The product cannot be considered defective only by the fact that a more perfect product is
circulated later.

115 Article 631
“Product,” within the meaning of this Code, is called a movable object, even if
incorporated in a movable or immovable object, including the electricity, except agricultural
products or products resulting from hunting.
Agricultural products are considered land products, stock-breeding and fishing, except
when they have undergone the first processing.
“Producer,” within the meaning of this Code, is called the producer of a finished product,
of a raw material, or the producer of a part of the product, and every other person that appears as
such, by putting on the product his name, his mark or another distinctive mark.
Without avoiding producer’s liability, a “Producer” is every person who imports a product
for sale, lease, or another form of distribution, under his trade activity. In this case, his liability is
the same as that of a producer.
Article 632
When the producer cannot be identified, every supplier will be considered a producer,
except when, within a reasonable time limit, he notifies the damaged person of the producer’s
identity or the identity of the person who has supplied the product.
Article 633
If, during the implementation of the first paragraph of article 628 of this Code, many
persons are liable for the same damage, each of them is liable for the whole damage.
Article 634
The suit against a producer for compensation for damage, according to the first paragraph
of article 628 of this Code, must be brought within three years, starting from the day when the
damaged person had knowledge or should have had knowledge of the damage, defects, and
producer’s identity.
The injured person is prohibited from seeking compensation from the producer, under the
first paragraph of article 628 of this Code, 10 years from the day when the producer first put the
product that caused the damage into circulation.

116 B. Fraudulent publication
Article 635
The person who publishes or makes public a notice concerning the products or services,
he himself offers within a professional activity, or of an enterprise, or of a person for whom he
works, commits an illegal action if the notice is fraudulent in one of the following respects:
a) nature, content, quantity, quality, possible characteristics or use.
b) origin, way or date of production;
c) the quantity of its stock production;
c) price or its method of calculation;
d) the reason or the purpose of special offer;
dh) attributed qualities, other evaluations or certifications done by third persons,
declarations they have delivered, used scientific or professional terminology, statistical and
technical data;
e) conditions of product’s delivery, performance of services or payment;
f) extent, content and time limit of guarantee;
g) identity, quality, competencies or obligations of the person who produces or has
produced the products, who offers them or of the person who provides the service, who directs,
supervise or helps in these activities.
gj) compares with other products and services.
Article 636
The person who has acted illegally according the above mentioned provision, is liable for
the damage caused, except when he proves that he is not guilty for the damage.
Article 637
When the fraudulent publication, foreseen by article 635 of this Code, has caused or may
cause damage to another person, the court, at that person’s request, orders its immediate
cessation and the obligates the person who is liable to publicly correct the publication in a way
that the court finds appropriate.
C. Unfair competition
Article 638
Depending on the provisions concerning the protection of distinctive marks and the rights
of license, the acts of unfair competition are committed by anyone who:
1. uses the names or the distinctive marks that might lead to confusion with the names or
distinctive marks used legally by others, or imitates the products of a competitor, or commits acts

117 that might lead to confusion with the products and activity of a competitor.
2. treats the quality of the competitor’s products or enterprise as if they were his own.
3. uses by himself directly or indirectly every other means that do not agree with the
principles of professional honesty and which might harm the activity of others.
Article 639
The decision that proves the acts of unfair competition stops these acts from continuing
and determines the necessary measures aimed at eliminating the consequences.
If these actions are committed wrongfully, the person who has committed them must
compensate the damage.
Article 640
Compensation for property damage consists of the damage that has been caused and the
expected profit.
The expenses done reasonably to avoid or reduce the damage are compensated, as are
those necessary to define the liability and the amount of damage and the reasonable expenses
done in order to obtain compensation through extra-judiciary ways.
Article 641
The person who has caused damage to the health of another person, is obliged to
compensate for the damage, taking into consideration the loss or the reduction of working
capabilities of the damaged person, the expenses of his medical treatment and other expenses that
relate to the damage caused.
Article 642
The amount of compensation for the damage might change in the future, depending on
the improvement or aggravation of the health, the increase or decrease of his working
capabilities, in comparison to the time when the compensation was determined and to the
changes the salary of the damaged person might have had.

118 Article 643
When the death of a person is caused, the damage to be compensation consists of:
a) Living and nutrition expenses for his minor children, consort and parents unable to
work who used to be under the responsibility of the dead person, completely or partially, and of
the persons who used to live in the dead person’s family and who had the right to be fed by him;
b) the necessary expenses of funeral, according to the personal and family circumstances
of the dead person.
The person who has caused damage may claim the same protecting means that he would
claim to the dead person.
The Court taking into consideration all the circumstances of the question, might decide
the recompense to be given in nature, or in cash, once altogether or in trances (parts).
Article 644
When the person who has done the illegal action or illegal non action, except from
causing damage, has had a significant benefit, under the request of the damaged party and taking
into consideration the nature of the damage, the scale of liability and other circumstances of the
question, the court may include in the calculation all or part of the profit for damage
Article 645
When death or injury to health has been caused to a person who profits by the social
insurance, the damage is compensated in the way determined by law.
Article 646
If a person has not been employed or has not been insured, the compensation of the
damage caused by his death or health injury, is determined by the Court on the basis of the salary
of a worker belonging to the same category where the job the dead person had done or could had
done, would have been classified.
Article 647
When the damaged minor turns 16 years old and has no salary from his work, he has the
right to require compensation for the loss of his working capabilities with the average salary of a
worker, under the criteria of article 646 of this Code, instead of his present salary.
When he reaches 18 years old, he has the right to require compensation based on the
average salary of a worker that belongs to the same category to which he would have belonged if
his health had not been injured, instead of his present salary.

The person who, without being obliged, undertakes consciously and for a reasonable
purpose, the “gjerimin” of the others interests or works, is obliged to continue it till the
interested person is able to take care himself.
Article 649
The interested person must fulfil the obligations that “gjeruesi” has undertaken on his
behalf, he must exclude “geruesin” from the obligations he has undertaken on his behalf and pay
him the necessary and useful expenses from the day they are done, and in case of damage caused
as result of “gjerimit”, he must pay the recompense, under the condition that the actions
performed by “gjeruesi” have not been prohibited by the interested person.
When “gjeruesi” except ” gjerimit”, needed to exercise another profession for that
purpose, he has the right to be recompensed according to the prises established for such
Article 650
“Gjeruesi” has the right to take legal actions on behalf of the interested person, in the
measure that the interest of the latest is accomplished in a suitable way.
Article 651
“Gjeruesi” respects the same obligations that result by an ordering contract.
The court taking into consideration the circumstances which influenced to “gjeruesi” to
undertake “gjerimin”, may diminish the recompense of damage caused by his fault.
Article 652
The interested person by approving “gjeruesi’s” actions, might withdraw his right to be
recompensed for the damage by “gjeruesi”, according to the above mentioned provision. For this
scope, a reasonable time limit must be given to the interested person.

Article 653
Whoever has done a non obliged payment, has the right to ask for the restitution of what
he/she has paid, and the right to enjoy the fruits (the results) and the interests from the day of
payment, if the person who has received the payment is not in good faith, and from the day of the
requirement for restitution, when the person is in good faith.
Article 654
The person who has paid the obligation of another believing he was a debtor, based on a
non wrongful mistake, might receive back what he has paid, if the creditor is given the good faith
from the title and the guaranties of the credit.
Article 655
The person who, without any legal reason, has benefited or saved something causing a
damage to another person, is obliged to pay back the last one for the property losses he has
incurred, within the limits of the benefit.
Article 656
When the benefit without any legal reason is on an object, the person who has goten this
object must restitute it physically and he must restitute also all the incomes he has earned or
should have earned and has the right to require to be paid for all the expenditures he has done,
based on provisions for the requirement of the object to the illegal owner.
Article 657
It can not be asked the restitution of what a person has voluntarily given for the execution
of an obligation, which although can not be asked, is not invalid.
Article 658
The suit for benefit without reason cannot be made when the damaged person can make
another suit to ask the compensation for the incurred damage.

121 Article 659
A contract is the agreement of two or more parties to establish, regulate or extinguish a
legal relationship.
Article 660
The parties can freely determine the contents of the contract within the limits imposed by
Article 661 Bilateral and Unilateral Contracts
The contract is unilateral when one of the parties has obligations and the other does not
have any other obligations.
Article 662
The contract is bilateral when both parties have reciprocal obligations toward each other.
Article 663 Requisites of Contracts
The requisites of the contract are: agreement of the party that has undertaken the
obligation, the motive for the obligation, the object that forms the content of the contract, and the
form as prescribed by law.
Article 664 Formation of the Contract
When the contract contains only the obligation of the offeror, the offeree can reject the
proposal within the term specified or that derives from the nature of the agreement. In the
absence of such refusal, the contract is deemed to be formed.
Article 665
The offeror is bound by his proposal except when provided differently. When the offer is
refused or not accepted within the time provided, the offer lapses.
If no time limit is set for the acceptance, the offeror is bound by the offer for the time that
is usually, or according to the circumstances, necessary, for the acceptance of the other party to
reach him.

122 Article 666
The offer of a contract made to a person that is present without a term for its acceptance,
loses its power if this person does not accept this offer immediately.
Article 667
When the offeror has specified a time limit for the acceptance, it is necessary for the
acceptance to come within that time.
The offeror can treat a late acceptance as effective provided that he immediately so
informs the other party.
When the acceptance is sent on time, but it reaches the offeror late, he should inform the
offeree immediately if he does not want to be bound by his offer any longer.
Article 668
An offer can be revoked if the offeror notifies the other party, before the offer reaches that
party, that he has revoked the offer.
This rule is also applied to the revocation of acceptance.
Article 669
When at the request of the offeror or taking into account the nature of the transaction and
circumstances connected to it, results that it is not necessary to wait for an expression of
acceptance, or the duty to perform arises without a prior reply, the contract is concluded at the
time and place in which performance begins.
The party beginning performance must promptly give notice to the other party and,
otherwise he is liable for compensation of damages.
Article 670
An acceptance that does not conform to the offer is a rejection and equivalent to a new
Article 671
The offer is valid when it incorporates the essential elements of the contract that the

123 parties seek to conclude, except when under the circumstances it produces a different result.
Article 672
The contracting party can withdraw from the contract within seven days of its conclusion,
without stating reasons, when:
– the contract is concluded at the work place or domicile of one of the parties, during an
excursion organized in a public place, or in such conditions that do not correspond to
a normal negotiating situation;
– in a credit contract for the purchase of a consummable good, the seller should give the
buyer written notice of the right to withdraw from the contract with the above
conditions, otherwise the period for withdrawal is one year.
Article 673
An enterprise that has a dominant position in the market is obliged to contract with
anyone who seeks a contract within its field of activity, according to the laws and commercial
The completion of a contract cannot be refused without a legal reason.
Article 674
During the negotiation and formation of the contract the parties must act in good faith
with one another.
A party who knows, or should know, the existence of a reason for invalidity of the
contract and does not give notice to the other party is bound to compensate for the damage
suffered by the latter in replying, without fault, on the validity of the contract.
Article 675
If one of the contracting parties has professional knowledge and the other party has
complete reliance, the first is obliged to give in good faith information and instructions.
Article 676
The contract is completed when the parties have demonstrated their mutual will, agreeing
to all the essential conditions.
This expression of will can be expressed or silent.
Article 677 Unlawful Motive
In a contract, the motive is unlawful when it is contrary to mandatory rules, public policy,
or when the contract becomes a means to avoid the fulfillment of a rule.

124 Article 678 Object of Contract
The object of a contract must be possible, lawful, determined, or determinable.
Article 679
A contract made subject to a cancellation condition or time limit is valid if its
performance, which was originally impossible, becomes possible before fulfillment of the
condition or expiration of the time limit.
Article 680
The contract can involve performance matters in the future things, except when expressly
forbidden by law.
Article 681
When interpreting a contract, the common and real intent of the parties must be sought,
not limited to the literal meaning of the words, and including their overall understanding before
and after the conclusion of the contract.
Article 682
Every clause of the contract is interpreted with reference to all the others, attributing to
each the meaning resulting from the act as a whole.
The contract shall be interpreted according to good faith.
Article 683
In case of doubt, the contract or the individual clauses shall be interpreted in a manner
which they may have some effect, rather than a manner in which they would have none.

125 Article 1167
Law No. 6340, dated 26.6.1981 For the Civil Code except the provisions for joint
ownership between spouses, Law No. 2362, dated 16.11.1956 For Non-profit Social
Organizations, Law No. 7688, dated 13.3.1993, For the Joint Ownership of Homes, Law
No. 76965, dated 7.4.1993, For Foundations, articles 1-15, and Decree No. 600, dated
22.7.1993, For Pledges and Mortgages, approved with changes by Law No. 7753, 30.9.1993,
are repealed.
The PDF copy of this document has been prepared by CITAM on September 16, 2001 without editing contents and format of the original document.