Adverse Possession Under the Albanian Civil Code: Retrospective and Legal Implications of the Present (Published)
This article examines the doctrine of adverse possession within the Albanian Civil Code, emphasizing its legal foundations, ethical implications, and socio-economic impact. Adverse possession rooted in the Roman usucapio offers a legal pathway for a possessor to claim ownership over immovable property after continuous, peaceful, and public occupation. While this doctrine reconciles the efficient use of land with respect for ownership rights, it raises pressing philosophical, legal, and moral questions, especially in post-socialist Albania, where property registration and land reform remain problematic. By comparing domestic norms with international jurisprudence and theories of property from Roman law to modern utilitarianism, the article presents a holistic view of adverse possession’s role in ensuring legal certainty, social justice, and economic development. The discussion draws on case law, doctrinal analysis, and economic data to argue for a balanced application of the doctrine that respects both the rights of absentee owners and the legitimate expectations of long-term possessors.
Keywords: Albania, Civil Code, Ownership, Social Justice, adverse possession, property law, usucapio
The strategies and functions of the United Nations organization and Internal Law in order to support Cultural heritage (Published)
This study was an attempt to examine the support of ownership, transfer and restitution of Cultural heritage according to the international and internal laws in Iran. Cultural heritage is a compound word. Heritage is defined that something is inherited and culture is knowledge and wisdom. Cultural heritage indicates all remain of national monuments from the past and also indicates the human’s life in the history. Cultural heritage can be categorized into two groups; the first one is mundane cultural heritage for instance ancient monuments and spiritual cultural heritage includes customs, music and song. Many conventions were approved in the international law level that the membered country must observe the approved rules of the cultural heritage. This study aimed to provide practical solutions to support cultural properties. The study was a qualitative research and collected data from books, papers and internet sources. The findings of the study revealed that different rules and conventions were approved according to international and internal laws, but they are not sufficient in order to protect cultural properties. Import and export of cultural heritage are considered as a crime and the criminals will be prosecuted by judicature. Moreover, intensive conventions and laws should be approved and all governments are convinced to meet international and internal laws in order to protect cultural legacy and prevent demolition of it.
Keywords: Cultural Heritage, Ownership, conventions, international and internal laws, restitution