Development of Testamentary Inheritance Institution in Albania

Abstract

Inheritance is an ancient institution recognized by the Roman law in the Twelve Tables (303 BC) in which the testamentary right was given priority. The testament, in its written form, was initially observed in wax tables, then called “praetorian testament”, which as a historical period corresponds to the Classic one (late period of ancient Rome). The testament is a legal action made by the testator through which he disposes his property after death. The testament is an action upon death, personal, that can only be done by the testator and not another person. Generally there are two forms of testaments, ordinary and special testaments. During the years 1912-1929, testamentary inheritance was regulated according to the religion the testator belonged to. The Civil Code of 1929 defines testament as a revocable act through which the testator disposes all or part of his property, referring to the time after his death, in favor of one or more persons. During the communist dictatorship, testamentary heirs could be legal heirs, state authorities and social organizations, but in any case it was not allowed to dispose property via testament in favor of the church or religious institutions. Pursuant to the Civil Code in force, the testament is a legal action arising out of death or mortis causa. In such cases when the testator disposes only a part of his property, for the property which is not disposed by testament, legal inheritance shall apply. This paper analyzes the testament institution in Albania during various periods up to the Civil Code in force, that of 1994.

DOI: 10.5901/mjss.2015.v6n3p36