INTERSECTION OF ALBANIAN COMPANY AND FAMILY LAW CONTEXT ON PROPERTY RIGHTS OF SPOUSES: NECESSITIES FOR ALIGNMENT WITH ACQUIS COMMUNAUTAIRE.
Ledja BURNAZI MITLLARI
Abstract
Harmonization and alignment of domestic legislation with the Acquis Communautaire are some of the most prominent and unprecedented topics nowadays in Albanian legal circles. As it is a tool for legal adjustments in different fields of law, to fully strengthen the path towards the EU integration of Albania, it is necessary to highlight and find the relevant framework where the alignment and regulation are acquired. The topic of the property rights of spouses in the context of company law provisions is a coherent and continuous issue for debate among lawyers and jurists in Albania. This paper examines the property rights of spouses in the Albanian Company legal framework and the necessity for harmonization with the Acquis Communautaire. The property rights of spouses in Albania have traditionally been governed by the Family Code of Albania, which does not provide clear guidelines for the division of property in the context of quotas, shares, company assets, and investments. This lack of clarity can create legal uncertainties and potential conflicts, particularly in cases of divorce or dissolution of a company and the estate of spouses, regardless of their marital property regime.
Pages: 80 - 90