On 13 December 2019, the Academy of Justice with the support of the European Union-Civil Code Project organized a roundtable on: “Civil Code Novelties”. This roundtable aimed at preparing the trainers for future trainings and enhancing their knowledge of the novelties that will be brought by the Civil Code of the Republic of Kosovo which is in the phase of its adoption.
The roundtable focused on: Civil Code novelties, challenges in implementing new provisions of the CC / capacity building / legal commentaries, needs and methodology to be used in the following trainings on respective novelties.
Initially, were presented the latest developments in the Draft Civil Code of the Republic of Kosovo, important developments in property rights such as: Legal provisions have been harmonized and the Code contains 5 Books: Book 1- General Part, Book 2- Obligations, Book 3- Property and Other Real Rights, Book 4- Family, and Book 5- Inheritance. The Civil Code will have a total of 1632 Articles and is in the process of being approved by the Government.
Further, were highlighted the novelties of the Civil Code of the Republic of Kosovo as follows: through definitions of the ownership, the meaning of legal provisions is specified and clarified, foreign persons may acquire real rights, unless otherwise provided by law. in particular, confidentiality and mistrust has been clarified, animal ownership, specific rules, types of ownership - public and private, neighborhood rights have been clarified, whereas ways of acquiring ownership and legal titles have been regulated.
In addition, while dealing with the acquisition and loss of ownership and legal titles under the Civil Code, it was stated that this Code specifies the legal titles for the acquisition of ownership (Articles 863-898 of the CC). The right to ownership can be acquired on the basis of legal work, inheritance, court decision, decision of administrative body and the law (Article 863 CC). The right to ownership under paragraph 1 of this Article shall be acquired if all the conditions provided for in this Code regarding the acquisition of ownership of movable and immovable property are fulfilled.
As for the acquisition of ownership by legal work (Article 864 of the CC) it was emphasized that: the ownership passes from former-owner to owner through legal work, as provided by law; 2. Any valid legal work, the purpose of which is to acquire ownership of an immovable property, must be in writing and in the form of a notarial deed, and 3. Valid legal refers to the legal work as foreseen by Book 2 of this Code, and the rules on the will as foreseen by the Book 5 of this Code.
During this training, were used methods of partial theoretical explanation, including lecturing, case law and interactive discussions, case study analysis and contemporary standards of teaching methodology, as well as the legal provisions of the Draft Civil Code of Kosovo.
Beneficiaries of this training were judicial trainers of the Academy of Justice who will provide lectures on Civil Code of the Republic of Kosovo for judges of civil field.
13-12-2019