1929年《阿尔巴尼亚民法典》作为欧洲民法大家庭的一部分

Ardian Raif Emini
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摘要

背景:《民法典》规定阿尔巴尼亚民法归属于罗马-日耳曼家族,最终将其与奥斯曼法律分离。时至今日,这部法典保持了其当代性、个性和完整性,不仅因为它基于保护基本人权和自由的理念,以及激发它的民主社会模式,这种模式始终有效,而且它仍然是这一领域专家的工作工具。毫无疑问,外国权利,特别是法国、意大利以及在某种程度上德国和瑞士的权利,将激励阿尔巴尼亚立法者在其条款中批准所有公民的平等、土地所有权的解放以及从事经济活动的自由。方法:本文件起草过程中使用的方法主要基于阿尔巴尼亚和外国的学说观点,特别是意大利和欧洲的学说,因为我国立法者在起草《民法典》时参考了这一学说和这项立法。此外,本文采用的方法还有分析法和比较法。结果和结论:《佐格民法典》对外国法律的接受,不仅仅是“质量问题”,而是“权力问题”,因为外国权利,特别是在该法典中得到认可的法国人和意大利人,是属于现代文明精神影响的权利,最重要的是,类似于“意大利文艺复兴”和“法国大革命”
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Albanian Civil Code 1929 as Part of the European Family of Civil Law
Background: The Civil Code would dictate the affiliation of Albanian civil law to the Romano- Germanic family, finally separating it from Ottoman law. This Code, to this day, preserves its contemporary character, individuality, and integrity, not only because it is based on the idea of protecting basic human rights and freedoms, as well as the democratic model of society that inspired it, which always remain valid, but also that it continues as a working tool for specialists in this field. Undoubtedly, foreign rights, especially French, Italian, and to some extent, German and Swiss, would inspire the Albanian legislator to sanction in its provisions the equality of all citizens, the emancipation of land ownership, and the freedom to engage in economic activities. Methods: The methodology used during the drafting of this paper is mainly based on Albanian and foreign doctrinal views, focusing in particular on the Italian and European doctrines, due to this doctrine and this legislation being referred to by our legislator at the time of drafting the Civil Code. Also, among the methods used in this paper are the analysis and comparative methods.Results and Conclusions: The acceptance of foreign law in the Civil Code of Zog, more than “a matter of quality”, was a “matter of power”, because foreign rights, especially French and Italian, which found their sanction in this Code, they were rights belonging to the spiritual influence of modern civilization, and above all, to that of the “Italian Renaissance” and the “French Revolution.”
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来源期刊
CiteScore
1.00
自引率
50.00%
发文量
62
审稿时长
6 weeks
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