TRANSFER OF PROPERTY BASED ON PROPERTY LAW RULES AND CONTRACT LAW RULES UNDER FORTHCOMING KOSOVO DRAFT-CIVIL CODE

Authors

  • Haxhi Gashi Faculty of Law University of Prishtina “Hasan Prishtina”
  • Bashkim Preteni Faculty of Law University of Prishtina “Hasan Prishtina”

DOI:

https://doi.org/10.30925/zpfsr.42.1.8

Keywords:

Kosovo law; Civil code; Law of property; Law of contract; Ownership; Contract.

Abstract

In most civil law jurisdictions, the contract is the most used derivative title for the transfer of ownership (movable and immovable property). Very often, the law of property and law of contract are seen as distinct and one can envisage their role from different legal perspectives. This is closely connected with the type of transfer system based on whether the (Austrian) causal system, (German) abstract system or (French) consensual system is applicable. Kosovo is in the process of civil law codification and the Kosovo Draft-Civil Code which has followed the application of the causal system of transfer of property and such an above mentioned interaction of these two branches of civil law is mandatory, and only with a common survey can the contractual transfer of property be illustrated. The aim of this paper is to focus solely on the influence of contract law rules in connection with the acquisition of ownership over movable and immovable property determined by Kosovo Draft-Civil Code.

Additional Files

Published

2021-06-07 — Updated on 2023-12-20

Versions

How to Cite

Gashi, H., & Preteni, B. (2023). TRANSFER OF PROPERTY BASED ON PROPERTY LAW RULES AND CONTRACT LAW RULES UNDER FORTHCOMING KOSOVO DRAFT-CIVIL CODE. Collected Papers of the Law Faculty of the University of Rijeka, 42(1), 151–166. https://doi.org/10.30925/zpfsr.42.1.8 (Original work published June 7, 2021)

Issue

Vol. 42 No. 1 (2021): Collected papers of the Law Faculty of the University of Rijeka

Section

ARTICLES

License

Copyright (c) 2021 Haxhi Gashi, Bashkim Preteni

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