The Funds for the Execution of Obligations (Contract) according to the Albanian Customary Law
The Funds for the Execution of Obligations (Contract) according to the Albanian Customary Law
Author(s): Katrin Treska, Engjell LikmetaSubject(s): History of Law
Published by: STS Science Centre Ltd
Keywords: Customary law; Albanian Canons; Obligations; Pledge, Earnest; Escrow
Summary/Abstract: In this paperwork will be laid for discussion the question which constitutes even the fundamental issue of this paperwork: which were the main tools for the execution of obligations according to Albanian customary law? What was the meaning and their role in relation to other norms of civil nature in the Canon? The main sources of Albanian customary law were: Canon of Lek Dukagjin, Canon of Skanderbeg, Canon of Dibra, Canon of Benda, and Canon of Laberia. In this paper will be analyzed those means sanctioned in the Canons applied in Albanian territories and used to ensure the fulfillment of obligations in civil relationships. The Albanian customary law provided that obligations were executed voluntarily and precisely. This meant that, in general, the obligations arising from a contractual relationship, were executed and fulfilled on time, in the manner specified literally in the contract, and in the right quality, even though the main form of concluding a contract at that time was the verbal one. The main tools for the execution of obligations under the Albanian customary law were: the bail (escrow), the earnest, the pledge. In this paper will be taken into analysis the provisions about these tools in the Canon of Lek Dukagjin, Canon of Skanderbeg, Canon of Dibra, Canon of Benda, and in the Canon of Laberia.
Journal: Journal on European History of Law
- Issue Year: 6/2015
- Issue No: 2
- Page Range: 90-96
- Page Count: 7
- Language: English
- Content File-PDF