Causing non-contractual damages according to Albanian law


  • Amantia Levanaj Faculty of Law, University of Tirana, Albania
  • Besmira Arshiaj University of Vlora, Albania



This study is mainly focused on handling the causing non-contractual damage, achieving a theoretical analysis of its constituent components as fault, causal connection, unlawful act or omission and damage compensation. Non-contractual liability is provided by our civil code, defining it as at fault or without fault liability. Our country, as a country in transition needs legal investment and its implementation into practice. One of the cases on which liability on damage compensation arises is the combination of the rights of persons, whose dignity has been infringed against the right that is explicitly sanctioned in the Constitution of the Republic of Albania, freedom of speech as well as thought, fundamental principles of law, but always without thereby infringing the dignity of a subject of law and and being faced with moral and material damages. In order to handle legally this issue as well as its civil legal consequences that threaten to influence on the entities that breach the law, but also their sensibilization. Hereafter I am handling the theoretical and legal way – the analysis of such a case, under legal - civil perspective.


causing damage, moral damage, fault, causal connection, compensation of damage


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  2. Alain Bénabent, Droit civil, Les obligations, 10-é édition, Montchrestien, Paris 2005.

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  5. Lima F., “II dano esinstenzalo”, 07.02.2007.

  6. The Constitution of the Republic of Albania.

  7. Civil Code of the Republic of Albania.

  8. Civil Code of 1981.

  9. Civil Code of 1929.

  10. Law no. 17/2012 On some amendments to Law no. 7850, dated 29.7.1994 “Civil Code of the Republic of Albania (as amended).

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  12. Milan Court of the Appeal, Civil Section 2, 14.02.2003.

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How to Cite

Levanaj, A. and Arshiaj, B. (2015) “Causing non-contractual damages according to Albanian law”, Academicus International Scientific Journal. Vlora, Albania, 6(11), pp. 166–174. doi: 10.7336/academicus.2015.11.14.