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Austrian Journal of Humanities and Social Sciences, Issue 7-8/2016

Donation contracts by Albanian legislation

DOI: https://doi.org/10.29013/AJH-16-7.8-40-42

Pages: 40 - 42

Authors: Shkëndi Ç.

Abstract: The contract of donation finds its legal regulation in French Civil Code of 1929. Nowadays the donation contract is governed by the current Civil Code which expressly provides that title II, Chapter III, Articles 761–771, by the definition in Article 761, which states: “the donation is a contract by which one party transfers in ownership without compensation to the other party a certain thing or a real right, which she accepts.”

Keywords: contract, donation, donors, beneficiaries, revocation

1. Semis Tutulani Mariana, Obligation and Contracts, special part, Tirana 2006
2. URL: http://www.doktoratura.unitir.edu.al/wp-content/uploads/2014/01/doctorate -Anjeza-Licenji-
3. Article 419, “Understanding the obligation”, Civil Code.
4. ArdianNuni, “Civil Law”, The General, Tirana, 2011.
5. Article 761, first paragraph, Civil Code.
6. BiondoBiondi, “La donations that, civil Trattato di dirittoitaliano” TrattattoVassalli, Torino 1961.
7. Italian jurisprudence, decision no. 2001 dated 11.03.1996, the Court of Cassation, has concluded: “The
lack of remuneration is sufficient to reward outstanding legal actions from legal actions without reward,
but it is not enough to identify the donation for whose existence is necessary not only increase the wealth
of the beneficiaries, the subjective element consisting in the spirit of liberality and fully conscious at the
time of its commission, without being forced; but it required the existence of the target element which
consists of the impoverishment of one who has renounced his right.”
8. ArdianNuni, “Civil Law”, The General, Tirana, 2011.
9. Real contracts are those contracts to which the validity of the law requires not only the agreement of the
parties, not only the appearance of will on their part, but the delivery of the thing object of the contract.
These contracts, although they may be drafted, signed and the parties agree to link them, not take effect
and no legal consequences for them until delivered item is not subject to contract. Mariana Tutulani —
Semis, “Law of Obligations” Part of Special Skanderbegbooks, Tirana, 2006.
10. Italian legislation described the donation as a contract consensual, which is perfected only with the
emergence of the will of both parties, without the necessary delivery of the thing, except the contract of
donation items of small value, which can be done but no public act requires delivery of the thing. Guido
Capozzi, “Successioni of Donazioni” GiuffrèEditore, Milan, 2003.
11. URL: http://www.doktoratura.unitir.edu.al/ëp-content/uploads/2014/01/doctorate -Anjeza-Licenji-
12. Unifying decision no. 23, dated 01.04.2002, of the United Chambers of the Supreme Court. Based on
this decision: “The right of first refusal of the former owner (his heirs), recognized in Article 21 of the
Law” On the restitution and compensation of property to former owners “, considered the real right
and, as such, it It may be available through the donation contract. The real right considered the right to
compensation for property that is known to belong to the former owner, but can not return, according to
the Law on restitution and compensation of property to former owners. Even the right of compensation
to the former owner (his heirs) can freely available by donation. The right of first refusal and the right
to compensation of the former owner (his heirs) are included in the concept of property of a person …
It is true that the scope of the contract i. e. Rights transferred to the respondent, are not defined in terms
of their volume, but, however, this object is determinable in time.”
13. Mariana Semis – Tutulani, “Obligation” The Special Skanderbegbooks, Tirana, 2008