MSc. RAKELA ISMAILAJ NONA
Law Faculty, University of Tetova ,
North of Macedonia, Specialist in the Complanis Sector in the legal Directorate of Customs, Albania
The Concept of Impair and whom is Liable for its occurrence, putting the causer of the impair through legal process and reestablishing the infringed Right through institutional means or through fair and full compensation for impaired damage, encompasses a wide variety of problems in theory and practice for Civil Right, which goes on into more convoluted and wide range of other disciplines; so the only means by which in this work we can successfully tackle this problem is by taking a deep and comprehensive side by side analysis of revised law and coherent practice.
Foremost, careful scrutiny, should be paid to treatment of Non Material Impair, this mostly due to the fact that this institution is less known and studied from current legislation, doctrine and Albanian jurisprudence, differently from other Western European Countries or even U.S.A where personality infringement, mental and physical integrity and everything else that might infringe on “non-material” have been the center of studying from lawyers and scholars of the field, also for practitioners. The difficulties while dealing with this kind of non-contractual infringement is its subjectivity, proving it and moreover measuring the collateral obligation and a concrete sum of reward, which would constitute as fair compensation in the end of a full trial.
Throughout such difficulties, legal experts in Albania and practitioners of the field is also added the lack of legal background that our own Civil Code has, where infringement of non-material damage is only foreseen by Article 608 and 625 of the Civil Code, and for compensation on the infringement is only foreseen for non-contractual material (Article 640 through 647 of current Civil Code). Furthermore, destitute legislative tradition is coherent even today where compensation for non-material infringement especially on “public figures” becomes a bit of bashful situation for the judges, in any court. This has ensued that lawyer, judges and so on, to give a very vague interpretation of non-material infringement whenever dealing with such cases, leaving it only within the poor mold that outdated law allows.
Keywords: Albanian Public administration, responsibility, legal process, civil code practices.
Furthermore, due to the fact that this topic needs a good platform to be well explained and studied, a platform as such, we have to agree that Article 625 of Civil Code, when interpreted in a wider scope based also on other practices of more recent times might give us the right to claim that infringements such as : biological infringement, psychological infringement, infringement on leisure, moral infringement, social infringement, and sexual infringement or infringement on the right to give birth might be finding compensation here as in other Western countries.Nonetheless, keeping in mind wrongful legal interpretation from time to time in our country which continues to happen in this millennia, this gives me the courage to give my view on a better interpretation of Article 635 of the Civil Code and a more objective insight into the compensation that comes from such a subjective topic as “non-material infringement”
Volume 6.No.2(2022): April – (Social Sciences Session)
ISSN 2661-2666 (Online) International Scientific Journal Monte (ISJM)
ISSN 2661-264X (Print)
DOI : 10.33807/monte.20222576
DOI URL: https://doi.org/10.33807/monte.20222576
Full Text: PDF
This is an open access article under the CC BY-NC-ND license (creativecommons.org/licenses/by-nc-nd/4.0/)