Адвокат
Чернов Сергей Витальевич

+7(495) 514-49-98, +7(903) 550-98-58
Москва, ул. 7-ая Парковая, д. 24 офис 413
метро Щелковская и Первомайская

Главная » Иностранное законодательство » Албания Albania » Гражданский кодекс Албании ч.1. Civil code of the republic of Albania.

Гражданский кодекс Албании ч.1.
Civil code of the republic of Albania.

fIRST PART
TITLE VII
PROTECTION OF OWNERSHIP Защита права собственности
THE ACTION FOR THE RETURN OF THING Действия собственника для возвращения вещи
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.
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 brought.
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 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.
TITLE VIII
POSSESSION - владение
CHAPTER I
GENERAL PROVISIONS 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.
Presumes over possession. – презюмирование владения 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.
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.
CHAPTER II
THE PROTECTION OF POSSESSION AND MAINTENANCE
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 from.
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 future.
When the possession is acquired by violence or furtively, the action can be 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.
PART III
TITLE I
GENERAL PROVISIONS
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.
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 invalid.
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 alive.
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 inheritance.
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.
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.
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 others.
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.
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 minutes.
Renunciation may be made also through a representative equipped with special power of attorney.
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 legacies.
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.
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.
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 court.
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 inheritance.
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 which results from it, performs other similar actions and renders an account at the end of administration.
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 heir�s share in the inheritance are determined in the proof of inheritance, issued by the court according to rules determined in the Code of Civil Procedure.
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-compensation.
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.
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 inheritance.
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 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.
TITLE II
INHERITANCE BY LAW
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 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 him.
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 inheritance.
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 father�s or mother�s 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 distinguishing between father�s and mother�s 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.
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 disabled.
TITLE III INHERITANCE BY WILL 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.
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.
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.
Substitution
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.
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 left.
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.
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.
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.
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.
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 Code.
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 part.
Article 408
The will is invalid when disposition by will is made contrary to the law or deceiving the law.
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 inheritance.
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 inheritance.
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.
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.
PART IV
ΑOBLIGATIONS≅
TITLE I
Α GENERAL PROVISIONS
CHAPTER I
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 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.
CHAPTER II
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 creditors.
Article 426 The execution of obligation from one of the debitors, solidary one, discharges all other debtors. 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.
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.
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 debtors.

CHAPTER III
ALTERNATIVE OBLIGATIONS.
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 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 harm.
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.
CHAPTER IV APPORTIONED AND UNAPPORTIONED OBLIGATIONS
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.
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.
CHAPTER V MONETARY OBLIGATIONS
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. 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.
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.
TITLE II THE EXECUTION AND THE LIQUIDATION OF THE OBLIGATIONS CHAPTER I THE EXECUTION OF THE OBLIGATIONS
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.
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.
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.
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 bigger.
The expenditures of the execution, the respective receipts Article 472
The expenditures are in charge of the person who executes the obligation, whereas the
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 law.
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.
CHAPTER III
REPLACEMENT AND TRANSFER OF CREDIT
The substitution of the debtor Article 496
The substitution of the debtor with another person, who undertakes the obligation, may be 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. 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 date.
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 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 creditor.
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.
CHAPTER IV THE ANNULMENT OF THE OBLIGATION
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.
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.
Compensation 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.
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 execution.
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 party.
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.
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 regulations.
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
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.
TITLE IV OBLIGATIONS RESULTING FROM THE CAUSING OF DAMAGE CHAPTER I GENERAL PROVISIONS 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 action.
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.
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
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 person.
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
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.
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.
CHAPTER II LIABILITY RESULTING BY PRODUCTS 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.
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.
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 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.
CHAPTER III DAMAGE COMPENSATION
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.
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 compensation.
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.
CHAPTER V "GJERIMI "OF THE OTHERS WORK [ASSUMPTION] Article 648
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 activities.
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.

CHAPTER VI NON OBLIGED PAYMENT
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.
CHAPTER VII THE BENEFIT (taking advantage) WITHOUT REASON
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.
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 law.
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.
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 offer.
Article 671
The offer is valid when it incorporates the essential elements of the contract that the 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 customs.
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.
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.
CHAPTER II – INTERPRETATION OF CONTRACT 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.

Адвокат
Чернов Сергей Витальевич