The effect of registration of immovable property and the need for legal changes

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Abstract: 

Ownership as a fundamental human right and its proper administration have encountered many difficulties in these twenty-five years of market economy. This is also a result of most citizens not being familiar with the law and the lack of the culture of consulting lawyers or law professionals in general. On the other hand, the law itself and the judicial practice have brought an unsatisfactory experience related to conflicts over ownership in Albania creating confusion. This article will cover  a specific legal matter encountered and known for many years now that has not yet been corrected by the legislator. More specifically the article will deal with the issues of registration of immovable properties and  its effects, as well as the incompatibility between legal provisions  on the one hand and the unifying practice of the High Court and the Constitutional Court on the other hand. Even though the unifying decisions in our legal system have unquestionable supremacy, and assuming that the legislator must pay attention to and follow them, this article will bring into focus the incompatibility between the unifying practice and the law and the need to amendments of the latter, by putting on the table concrete amendment proposals.

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