Title: Codification of private law in the Republic of Kosovo: the influence of European codifications, European law and challenges

Authors: Ardrit Gashi

Addresses: Faculty of Law, University of “Haxhi Zeka”, St. “UÇK” 30000, Republic of Kosovo

Abstract: The paper analyses current developments in the Kosovo legal system in regard to the codification of private law. Such events are often considered historical for a state and its legal system. The paper highlights the importance of codification in light of the theory and practices of the most important codifications in Europe. As well, the same highlights and addresses some of the problems and challenges of codification of private law, focusing on two specific aspects. First, the paper highlights issues deriving from Kosovo's historical, political and legal past as part of the former socialist system, and second, it emphasises the difficulties of drafting a modern civil code in harmony with 'acquis communautaire'. The paper argues that, in a legal sense, the correlation and shifting of the past in the modern ground is demanding and may have legal consequences.

Keywords: codification; private law; civil code; acquis communautaire; Republic of Kosovo.

DOI: 10.1504/IJPL.2022.129672

International Journal of Private Law, 2022 Vol.10 No.2/3/4, pp.191 - 207

Received: 10 Jan 2022
Accepted: 31 May 2022
Published online: 20 Mar 2023 *

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