Author:
Prof.Ass.PhD. Saimir SHATKU1,
Grejdi JANI2,
Antonela MERSINI3
Affiliation:
1Faculy of Law, Albania,
2Broker in Centary21Albania, ,Albania
3Adviser in IEKA, Tirana, Albania
Abstract
The real estate market represents a very important sector of the economy of a legal state, which is realized by a combination of factors and objects that in combination with each other ensure the functioning of the market and affect the implementation of one of the main rights of the individual, which is the right of ownership and related property rights. If we have not created the necessary conditions for the existence of a real estate market, we can no longer talk about the protection of the fundamental rights of the individual, as well as about the free market economy in a legal state of law, which is realized through its close cooperation with the market of goods, capital, services, or even labor. According to statistics, 35% are foreing citizens who buy in our country. And 65% are Albanian citizens.
The entire mechanism on which the real estate market is established and functions consists
of real estate and legal assets released into civil circulation by economic entities operating in
the market, as well as through various transactions undertaken by individuals with the aim of free disposal of these objects through the processes of creation, use and exchange of real estate objects in their market.
Among the main aspects related to ownership and real estate, the right to housing for any indi- vidual is considered as the effective implementation of their exercise and protection from any kind of encroachment. Thus, the right to housing is enshrined as a fundamental human right in a large number of international acts, such as the European Convention on Human Rights, which is directly applicable to our own legislation.
References:
[1].Constitution of the Republic of Albania, amended. (2017).
[2].European Convention on Human Rights, (1950).
[3].Convention on the Elimination of All Forms of Discrimination against Women CEDAW, (1979).
[4].Convention on the Rights of the Child (1989).
[5].Convention “On the protection of the rights of all migrant workers and members of their families” (1990).
[6].Universal Declaration of Human Rights (1948).
[7].Civil Code of the Republic of Albania, amended (2017).
[8].Law no. 9662/2006 “On Banks in the Republic of Albania”, amended by law no. 131/2016; [9].Zajmi, I., Tirana, 2010. “European Union Law”, “Ombra” Publishing House.
[10].Decision of the Council of Ministers No. 453, dated 03.07.2019 “On the amount of the loan interest subsidy and the procedure for granting it to families that benefit from low-cost housing”. [11].Low no. 22/2018 “ On social housing”.
