- Code
- LAW 306
- Name
- E Drejta e Detyrimeve II
- Semester
- Lecture hours
- 3.00
- Seminar hours
- 1.00
- Laborator hours
- 0.00
- Credits
- 3.50
- ECTS
- 6.00
- Description
-
This course focuses on the analytical knowledge of contracts that are specified in the Civil Code along with contracts that are most commonly encountered in the circulation of goods. The course aims to study the obligations and rights of the parties arising from the contract as well as the means for rejecting lawsuits or for seeking the execution of the contract or seeking damages caused. The course will introduce the basic concepts and knowledge necessary to operate in legal practice with contracts, damage, unjust enrichment, etc. The course will be enriched with comments and interpretative elements of legal provisions, with legal views expressed in scientific legal journals as well as with cases of Albanian and foreign judicial practice related to the field of contracts and the problems encountered with them.
- Objectives
-
The course aims to familiarize students with the basic concepts of obligations and contracts, the use of coherent methods in solving problems in the field of obligations. Students will be closely acquainted with the most important specific contracts that are in use in the civil and commercial field in Albania and beyond. The course aims to provide students with skills related to the selection and interpretation of legal research sources and the basic tools and techniques of legal and logical reasoning.
- Java
- Tema
- 1
- Contract of sale of movable and immovable property A contract of sale has as its object the transfer of ownership of a thing or the transfer of a right against the payment of a price. This lecture will deal with contracts of sale of movable and immovable property. An importance is given to the moment of transfer of ownership, as well as the main types of sales contracts such as credit sale, auction sale and installment sale. Students will also be acquainted with the rights and obligations of the seller and the buyer. Relevant literature: 1. Mariana Tutulani- Semini, The Law of Obligations and Contracts, special part (Skanderbeg books, 2006) 1-28.
- 2
- Lease Contract A lease is a contract by which one party (the lessor) is obliged to give the other party (the lessee) a certain item, temporary enjoyment in exchange for a certain reward. This lecture will deal with the lease contract, where importance is given to the lease of immovable objects, financial lease, production items, agricultural lands, the form and term of this contract. Students will also be introduced to the rights and obligations of the lessor and the lessee. Relevant literature: 1. Mariana Tutulani- Semini, The Law of Obligations and Contracts, special part (Skanderbeg books, 2006) 51-74
- 3
- Leasehold Contract Leasehold is a contract by which a person is granted the right to use and improve an immovable property, in return for a periodic payment in cash or in kind. This lecture will discuss the leasehold contract and its conditions. The lecture will then discuss the difference from the lease contract by highlighting the most important elements. Relevant literature: 1. Mariana Tutulani- Semini, The Law of Obligations and Contracts, special part (Skanderbeg books, 2006) 75-84
- 4
- Enterprise Contract Employment is a contract by which one party (the entrepreneur) is obliged, with its own means and assuming the risk, to perform a work (work), or to provide a service or an independent implementation of works, while the other party is obliged to accept it against the price specified in the contract. This lecture will deal with the enterprise contract where the guarantee given by the entrepreneur in favor of the investor plays an important role. Students will be introduced to the rights and obligations of the entrepreneur and the rights and obligations of the client. Relevant literature: 1. Mariana Tutulani- Semini, The Law of Obligations and Contracts, special part (Skanderbeg books, 2006) 85-98
- 5
- Contract of commission A contract is a contract by which one party is obliged to perform one or more legal actions on behalf of the other party. This lecture will deal with the contract of commission, its elements, its termination and renunciation of the contract and its legal effects. The second part of the lecture will focus on the contract of commission. A contract of commission is an order that has as its object the purchase and sale of goods on behalf of the principal and in the name of the commission agent. Students will be introduced to the rights and obligations of the parties, the remuneration of the commercial agent and the cases of termination and resolution of the agency contract. Relevant literature: 1. Mariana Tutulani- Semini, The Law of Obligations and Contracts, special part (Skanderbeg books, 2006) 125-134
- 6
- Agency Contract With an agency contract, one party undertakes, on an ongoing basis and for remuneration, to conclude contracts in a certain area, on behalf of the other party. Each party has the right to receive from the other party a copy of the contract signed by it. This lecture will address the agency contract, the principle of exclusivity and the characteristics of this contract. The lecture will also focus on the rights and obligations of the parties. Relevant literature: 1. Mariana Tutulani- Semini, The Law of Obligations and Contracts, special part (Skanderbeg books, 2006) 135-148
- 7
- Donation Contract A donation is a contract by which one party transfers ownership of a certain thing or a real right to the other party without compensation, which the latter accepts. The waiver of a right before it is acquired, or the waiver of inheritance, does not constitute a donation. The donation may only include the donor's current property. If it includes future property, the donation is invalid in this regard. In this lecture, students will discuss the donation contract, its form and the cases of revocation of this contract. Relevant literature: 1. Mariana Tutulani- Semini, The Law of Obligations and Contracts, special part (Skanderbeg books, 2006) 29-40.
- 8
- Gjysëm-final
- 9
- Transport and forwarding contract With the contract for the transport of persons, the carrier undertakes to transport persons from one place to another. While the forwarding (shipment) contract is an order by which the forwarder undertakes the obligation to conclude, in the name and on behalf of the customer, a transport contract and to perform all auxiliary actions. This lecture will introduce the transport and forwarding contracts and their characteristics. Students will be introduced to the rights and obligations of the parties in each contract. Relevant literature: 1. Mariana Tutulani- Semini, The Law of Obligations and Contracts, special part (Skanderbeg books, 2006) 99-116.
- 10
- Loan Contract With a loan contract, one party (the lender) gives ownership to the other party (the borrower) of a sum of money or items that are determined in number, weight or measure, and the borrower is obliged to return to the lender such money, or items of that type and quality, within the period specified in the contract or, when no period is specified, at the request of the lender. This lecture will address the loan contract, the elements of this contract and the rights and obligations of the borrower and the lender. Relevant literature: 1. Mariana Tutulani- Semini, The Law of Obligations and Contracts, special part (Skanderbeg books, 2006) 163-170
- 11
- Loan-to-use contract and banking contracts With a loan-to-use contract, one party (the lender) gives the other party (the borrower), without consideration, a certain item for temporary use and this party is obliged to return that item within the period specified in the contract. When no period is specified, the item is returned at the request of the Party that has provided the item. Whereas when a sum of money is deposited with a bank, the latter acquires ownership and is obliged to return it in the same currency, upon the expiry of the specified period or at the request of the depositor, taking into account the notice period specified by the parties or by banking custom. This lecture will address the characteristics of each contract. Relevant literature: 1. Mariana Tutulani- Semini, The Law of Obligations and Contracts, special part (Skanderbeg books, 2006) 117-124
- 12
- Deposit contract dealing with deposits in hotels and deposits in general warehouses A deposit is a contract by which one party receives from the other a movable item with the obligation to keep it and return it in kind. This lecture will focus on deposits in hotels and deposits in general warehouses. During the lecture, the legal basis will be identified and the characteristics of each contract will be explained. Relevant literature: 1. Mariana Tutulani- Semini, The Law of Obligations and Contracts, special part (Skanderbeg books, 2006) 149-162.
- 13
- Life, health and property insurance contract With an insurance contract, one party (the insurer), if the event stipulated in the contract is confirmed, is obliged: a) in the case of property insurance, to compensate the other party or a third person, for whose benefit the contract was concluded, for the damage suffered within the limits of the amount stipulated in the contract; b) in the case of personal insurance, to pay the other party or a third person, for whose benefit the contract was concluded, the insurance amount stipulated in the contract. The insured is obliged to pay the premium (insurance price) specified in the contract. The insurer may be a public or private person. This lecture will focus on the life, health and property insurance contract. The lecture will address the conditions of the contract, the moment when it enters into force, and the persons who do not benefit from this contract. Relevant literature: 1. Mariana Tutulani- Semini, The Law of Obligations and Contracts, special part (Skanderbeg books, 2006) 171-190.
- 14
- Various cases related to contracts During this lecture, students will solve various cases. Each student will solve a case where they will be asked to identify the type of contract and the legal basis. They will then focus on the object of the contract and the identification of the rights and obligations of the parties to the contract.
- 15
- Review This lecture will provide a review of the main contracts covered in the lecture, their elements, and the differences between similar contracts.
- 16
- Final Exam
- 1
- After completing this course, students will be able to acquire basic knowledge about legislation on the law of special obligations.
- 2
- After completing this course, students will be able to acquire basic knowledge regarding sales contracts, donations, etc.
- 3
- Students will develop skills in various sources of law and be able to synthesize such sources and use them for research in the field of justice.
- 4
- After completing this course, students will be able to become familiar with the unifying decisions of the Supreme Court and will be able to discuss them.
- 5
- After completing this course, students will be able to acquire basic knowledge regarding the concepts and basic skills necessary to operate in legal practice.
- Quantity Percentage Total percent
- Midterms
- 1 40% 40%
- Quizzes
- 0 0% 0%
- Projects
- 0 0% 0%
- Term projects
- 0 0% 0%
- Laboratories
- 0 0% 0%
- Class participation
- 0 0% 0%
- Total term evaluation percent
- 40%
- Final exam percent
- 60%
- Total percent
- 100%
- Quantity Duration (hours) Total (hours)
- Course duration (including exam weeks)
- 16 4 64
- Off class study hours
- 14 3 42
- Duties
- 0 0 0
- Midterms
- 1 15 15
- Final exam
- 1 20 20
- Other
- 0 0 0
- Total workLoad
- 141
- Total workload / 25 (hours)
- 5.64
- ECTS
- 6.00