VEÇORI TË NDARJES SË PASURISË SIPAS SË DREJTËS DOKESORE
PARTICULARITIES OF THE DIVISION OF THE REAL ESTATE ACCORDING TO THE CUSTOMARY LAW – the region of HASI)

Summary/Abstract: In this work are treated questions having to do mainly with the division of the real estate in family and in the common property (in the village, brotherhood), according to the customary law in the region of Hasi. Before passing to the process of propriety division, we dwelt very little on the reflection of some general data for the extension of the Hasi region, on the structures of the family and village and the ways of creating the family propriety and of the common one. In the same manner we have ranked some of the main causes bringing about to the taking of a decision for the division of the property. While in continuance in a broader manner we focused on the analyse of such questions as; the classic customary forms of the passing, transfer of the right of propriety; who had the quality of the sharer (heir); the persons and the criteria of the determination of the corresponding part for each sharer and so on. In this framework we have put forward some data connected with persons who had the obligation and the right to do the division, partitioning of the propriety as well their position in this relation, etc. At the paragraph “the new and the forgotten border” are given the principal forms, characteristic, of the borders among the proprieties of the families and neighbouring villages, the ceremonies of the occasion, etc. It is interesting the fact that in itself these customs parallely with their juridical nature convey even marked moral and cultic loads. Time and again we have stressed even the continuity or not of these institutions until our days. On the whole, the customs for the division of the property have had their particularities, originating for the most part from the specific conditions themselves of the economic and social life of the region in question.

• Details
• Contents