bus203 notes part 8

8/13/2019 Bus203 Notes Part 8

1/23

NOTES PART 8

SALE CONTRACT

Initially it started as an exchange contract.

It is a specific typeof legal contract, meaning that it is specified in laws and

codes in special chapter and titles of the codes (European Continental Legal

System).

The contract of sale is one of the most important contracts regulated by the CivilCoe.

broader definition would be!

Contract of saleis a legal contract, an e"change of goods, ser#ices or property tobe e"changed from seller (or #endor) to buyer (or purchaser) for an agreed upon

#alue in money (or money e$ui#alent) paid or the promise to pay same.

A!"#

ccording to art.%&' the obect of this contract is the passing of property (obect or

right) in e"change of the price agreed by the parties.

transferring of an immo#able or mo#able obect

transferring of a right which can be a real or a credit right

ith payment in money (difference with the donation*e"change contract)

Ser#es a double function + circulation of goods and rights*circulation of money

It has real effects! transferring of property * and duty effects! duties for both buyer

and seller

ilateral*with payment*consensual* in some cases formal (selling of immo#able

property with notary act and registered - selling between public and pri#atE

uridical persons must be written)


2/23

ELE"ENTS

Subect* /bect* Content

0undamental conditions + price and sometimes the term (afati)

. S$%&ects

uridical and physical persons, namely the seller and buyer capacity to act

E"ception1 minors sometimes can be buyers + sale is done in cash, reali2ed immediately,

has a small #alue

ut does e#ery body has the right to buy! 3o

There is a category of people who cannot buy directly or by other persons

(intermediaries) art.%&4

a. people who administer or guard the property of others (tutors, legal

representati#es etc.)

b. people who are entitled to ma5e sales on behalf of the state

c. udges, prosecutors, notaries, lawyers in case they are in#ol#ed

In case it happens the action is nul (absolutely in#alid)

. O%&ect

. e#ery good in ci#il circulation which can be sold without any legal forbiddance.They can be mo#able or immo#able, indi#idually defined or generic.

6. e#ery good in limited circulation upon appro#al of the competent organ

7. rights (inheritance right, the right to usufructs, patents etc)

8. a future good or right (contract of hope sale) + in this contract the ownership atthe time of materiali2ation of the good or right

6


3/23

'$na(ental conitions

Price:

. e"pressed in money

6. right ( at least 9 of the #alue of the sold good or ma"imum 6 times the #alue)

7. real + corresponds to real #alue of the good, its $uality and scope

8. defined or definable

The passing of o)nership

:ifferent legislation determine in t)o ifferentways this moment

. deli#ering of the obect

6. contract signing

The actual lbanian ci#il code + contract signing art;8

/nly for the generic goods (measured, counted (generically defined) passes at the time of

deli#ery.

hy this moment is important + because the sellers rights on the obect cease to e"ist andthe buyer are born*for the loss or damage of the obect*for the right to re$uest it from

e#erybody)

O%ligation of the parties in the contract of sale

Seller#

. to transfer to the %$yer the o)nership of the o%&ect

which means that the seller must be the owner

(1) mo#able property* with payment*bona1fides + the buyer can become owner

6. to hanle the o%&ect of the contract

To handle the obect of the contract as it was in the moment of the singing

of contract accompanied by all the accessories an fr$its that is has

produced from the signing until the deli#ery.

7


4/23

In case the obect is eter(ina%leat the moment of contract, he has the

duty to handle the documents conferring ownership and the obect at thetime it will determined

7. to g$arantee the o)nership *eviction+

If a third person is pretending the obect that has been sold, the buyer has

to bring the seller in court. If the third person results to be the owner thanthe seller has to return the full price to the buyer. If he was mala1fides he

pays also damages.

Is the buyer does not call the seller and looses the trial, and the sellerpro#es that if called the decision would be in their fa#or, the buyer does

not ha#e the right to get the price from the seller.

8. to g$arantee for the ,$ality an lac- of fla)s

Flaws are hidden or noticeable

The buyer has the right to contest the hidden flaws of the obect within & days from the

time he becomes aware, but not later than 6 years.

The buyer has the right to re$uest the following if the flaws constitute an important

failure in the fulfillment of contractual obligations!

a. to re$uest the substitution of the obect

b. remo#al of the flaws, by repairing

c. discount

d. end the contract

The buyer has the right to re$uest the following if the flaws constitute an unimportant

failure in the fulfillment of contractual obligations!

a. remo#al or repairing of the flawb. discount

In both cases the buyer has the right to re$uest the compensation for damages.

$yer#

. to ta-e the o%&ect $pon elivery

8


5/23

6. pay(ent of the price an to respect all the for(alities set %y la)


6/23

A/ENC0 CONTRACT

The gency Contract is regulated by the Ci#il Code entered into force in 448.

The gency Contract is a contract in which one of the parties (the agent) agrees to

promote on behalf of another party (the principal), upon payment, the conclusion of

contracts in a definite territory.

So, in other words Agency can be defined as the relationship between the principal and

the third party, the agent being appointed to represent the principal in dealings with the

third party and to act on the principals behalf. This is crucial as it enables a third party

to enforce a contract against the principal even though the principal was not a party tothe original contract himself.

This particular contract presents the following characteristics!

. the sta%ility of the relationship+ there is a constant collaboration betweenthe agent and the principal

6. a$tono(y + the agent manages the acti#ities and holds all the ris5s, the

influence of the principal cannot limit its autonomy

7. pro(otion activitiesand concl$sion of contracts

8. only in a efinite territory

'. always $pon pay(ent

;. the lbanian Ci#il Code settles that e#ery part has the right to ha#e one copy

of the contract, from which we can understand that the contract ($st %e in

)ritten.

:uties and obligations of the agent

. The agent cannot perform acti#ities in the same territory or economic acti#ity for

different companies in competition with each other.

6. The agent cannot collect credits on behalf of the principal. If this right has beenattributed, he cannot gi#e discounts or period e"tensions without permission.

7. The agent is obligated to perform the duty in accordance with the instruction of

the principal, furnishing with information on mar5et conditions in the territory

;


7/23

assigned to him and e#ery other information deemed important for e#ery single

transaction.

8. The agent must obser#e all the obligations of the commissioner, if they are note"cluded from the agency contract.

'. If the agent cannot performed the duty assigned, he has to inform immediately the

principal. If he doesn>t he is subect to payment of damages.

:uties and obligations of the principal

. The principal cannot assign more than one agent in a definite territory or for the

same economic acti#ity.

6. The principal has to furnish the agent with all the necessary information and

documentation for the goods or ser#ices as well as for concluding contracts.7. The principal must inform the agent immediately on the potential economic

deterioration and decrease in #olume of commercial transactions.

8. The principal submits to the agent a list of the commissions at the end of each

month.'. The agent has the right to be informed on all the commissions as well as to

re$uest the boo5s of the company.

;. The principal must pay the agent when the business deal has been concluded and

if it has been concluded only partially he must pay the commission in proportion.

%. ?e has to pay commission e#en for the business deals concluded by himself in theterritory assigned to the agent, concluded after the ending of the contract, or not

concluded because of his fault.

:uration of the agency contract

. If the contract of agency has a definite time, after the ending of this period it istransformed into an indefinite time contract.

6. If the contract of agency has an indefinite time, e#ery part has the right to

re$uest the ending of the relationship, respecting the term in contract.

7. ?owe#er the announcement of the willingness to end the contract cannot be

less than month, if the contract has lasted year, less than two months for a

contract longer than 6 years and so on.

8. The parties can decide on another term of announcement, howe#er theprincipal>s one cannot be shorter than that of the agent.

'. The ending of the contract must coincide with the last day of the month.

@esults of the ending of contract

. The agent cannot wor5 in the same area for competition for a 6 year time.

6. The agent has the right to compensation at the end of the relationship, only if he

has found new clients and has de#eloped the #olume of commercial acti#ity with

the e"isting clients which will continue in the future.

%


8/23

7. The amount of compensation is settled only after all the circumstances ha#e been

studied, especially those that are lost by him and those that he would ha#e

benefited from e"isting clients.

8. The agent is not entitled to compensation in the following cases!

a. The resolution of contract is done by the principal for a ust cause

imputable to the agentb. The agent wants to end the contract

c. hen the agent gi#es the contract to a third party, despite the interest of

the principal.

1The Law 746&, dated 6..4;8 /n =ri#ate International Law in lbania, allows theparties to decide on which law to apply in the contract.

1The parties can decide on the competent court as well as on the appointment of anarbiter.

222222222222222222222222222222222222222222222222222222222222222

"A3!N/ 4S!NESS CONTRACTS

SA"PLE SALES CONTRACT

lthough all contracts mayAin factshouldA#ary in order accurately to reflect the intent

of the parties in particular circumstances, the following sales contract is a sample of whatsuch contracts may loo5 li5e. It is intended to be a starting point and a guide to help you

in creating a contract that includes all of the terms rele#ant to your business interactions.

CONTRACT 'OR T5E SALE O' /OO6S

=aragraph . BBBBBBBBBBBBBBBBBBBBBBB, hereinafter referred to as Seller, andBBBBBBBBBBBBBBBBBBBBB, hereinafter referred to as uyer, hereby agree on this BBBB

day of BBBBBBBBBBBBBBB, in the year BBBBBBBBBBBB, to the following terms.

A. !entities of the Parties

=aragraph 6. Seller, whose business address is BBBBBBBBBBBBBBBBBBBBB, in the city of

BBBBBBBBBBBBBBB, state of BBBBBBBBBBBBBBBBBBBBBBBBB, is in the business ofBBBBBBBBBBBBBBBBBBBBBBBBBBB. uyer, whose business address is

BBBBBBBBBBBBBBBBBBBB, in the city of BBBBBBBBBBBBBBBBB, state of

BBBBBBBBBBBBBBBBBBBBBBBBB, is in the business of BBBBBBBBBBBBBBBBBBBBBBBBBBBB.

. 6escription of the /oos


9/23

=aragraph 7. Seller agrees to transfer and deli#er to uyer, on or before

BBBBBBBBBBBBBBBBBBBBBBBB Ddate, the below1described goods!

BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB

BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB

BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB

C. $yer7s Rights an O%ligations

=aragraph 8. uyer agrees to accept the goods and pay for them according to the terms

further set out below.

=aragraph '. uyer agrees to pay for the goods!

In full upon receipt

In installments, as billed by Seller, and subect to the separate installment sale

contract of BBBBBBBBBBBBBBBBBBDdate between Seller and uyer.

?alf upon receipt, with the remainder due within 7& days of deli#ery.

=aragraph ;. Foods are deemed recei#ed by uyer upon deli#ery to uyerGs address as

set forth abo#e.

=aragraph %. uyer has the right to e"amine the goods upon receipt and has BBBB days inwhich to notify seller of any claim for damages based on the condition, grade, $uality or

$uality of the goods. Such notice must specify in detail the particulars of the claim.

0ailure to pro#ide such notice within the re$uisite time period constitutes irre#ocableacceptance of the goods.

6. Seller7s O%ligations

=aragraph . Hntil recei#ed by uyer, all ris5 of loss to the abo#e1described goods is

borne by Seller.

=aragraph 4. Seller warrants that the goods are free from any and all security interests,

liens, and encumbrances.

E. Attestation

=aragraph &. greed to this BBBBB day of BBBBB, in the year BBBBBBBBBBBB.

y! BBBBBBBBBBBBBBBBBBBBBBBBBBB /fficial Title!

BBBBBBBBBBBBBBBBBBBBBBBBBBBB

4


10/23

/n behalf of BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB, Seller

I certify that I am authori2ed to act and sign on behalf of Seller and that Seller is bound

by my actions. BBBBBB Dinitial

y! BBBBBBBBBBBBBBBBBBBBBBBBBBB /fficial Title!BBBBBBBBBBBBBBBBBBBBBBBBBBBB

/n behalf of BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB, uyer

I certify that I am authori2ed to act and sign on behalf of uyer and that uyer is bound

by my actions. BBBBBB Dinitial

D3/T@ STJ= ?E@E

KKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKK

Standard Agency Agreement

A/ENC0 A/REE"ENT No.

Location! BBBBBBBBB :ate BBBBBBBBBBBBM 6&&BB .

Cyber=lat Joscow, hereinafter referred to as Nthe CompanyN, representedbyBBBBBBBBBBBBBBBBBBBBBB, acting on the basis of the =ower of ttorney BBBBBBBBBB,

on one hand, and BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB, hereinafter referred to as Nthe

gentN on the other hand, ointly referred to as Nthe =artiesN, ha#e entered into this

greement on the following!

9. S4:ECT "ATTER O' T5E A/REE"ENT

.. The Company assigns and the gent assumes an obligation to attract, in the name

and at the e"pense of the Company, the Jobile 3etwor5 /perator BBBBBBBBBBBB

(hereinafter 11 Nthe J3/N), to enter into contracts with the Company on top1up re#enue

collection operations for the J3/Os communications ser#ices (hereinafter 11 N@e#enueCollection ContractN). The Company shall pay a fee to the gent for fulfilling the abo#e

specified assignment under the terms and conditions hereof.

.6. The assignment is deemed completed by the gent if the J3/, attracted by thegent in accordance with sub1clause . hereof, has started re#enue collection operations

through the Cyber=lat payment processing system, on the following conditions!.6.. minimum transaction limit is less than &. HS dollar,.6.6. commission for the internal top1up re#enue collection must not be less than the

discount for prepaid cards,

.6.7. The J3/ allows the Company a direct gateway to its billing system.

;. OL!/AT!ONS O' T5E PART!ES

6.. The gent is liable to!

6... Hpon the CompanyGs assignment and under the terms and conditions hereof, carry

&


11/23

out negotiations with the J3/, aimed at entering into the @e#enue Collection Contract

to accept payments through the payment processing system operated by Cyber=lat

according to the conditions of sub1clause .6.6.6. Submit ssignment @eports to the Company by the 'th day of each month,

following the end of the latest calendar month. The gent understands that additional

reports might be re$uested by the Company at any time. The legal form of additionalreports may #ary.

6.7. The Company is liable to pro#ide the gent with all necessary information on

operational conditions of the CompanyGs payment processing system.6.8. ccept for e#aluation all ssignment @eports within ' (fi#e) wor5ing days from the

date the report was recei#ed on.


12/23

%.6. The =arties agree that should there be no progress towards signing a =ayment

cceptance Contract between the Company, or any affiliated company of CE@=LT

/@L:I:E F@/H=, and the J3/ and before an actual @e#enue CollectionContract with the J3/ is signed, both reser#e the right to terminate this greement

unilaterally. =rogress might be udged by the J3/ as well in case of a court trial. n

agreement termination is considered duly completed upon sending a written notice to theother partyGs location stated below.

%.7. If the @e#enue Collection Contract with the J3/ is signed until the date specified in

sub1clause %., this greement shall last as long as the @e#enue Collection Contract withthe J3/ remains #alid.

8. "!SCELLANEO4S

.. The =arties understand that any change of the gentGs fee amount, specified in sub1clause 7. hereof, re$uires a supplementary agreement.

.6. If the address and*or ban5 details are altered, the responsible =arty shall immediately

notify the other =arty thereof..7. ll amendments hereto will be #alid if they are made out in writing and signed by

both.

.8. This greement is made out in 6 (two) original copies, one for each of the =arties.ll original copies hereof are identical and legally e$ual.

.' 0or the sa5e of pro#iding con#enience of financial settlements, the Company reser#es

the right to transfer its contract obligations to any company of the CE@=LT/@L:I:E F@/H= with prior written notification of the other party pro#ided that

the Company shall be liable for the fulfillment of the obligations by respecti#e affiliated

company.

B. LE/AL A66RESSES O' T5E PART!ES

Co(pany

Cyber=lat /pen Roint Stoc5 Company!

orld Trade Center,6 rasnopresnens5aya $uay.,

Joscow, 67;&, @ussia

mno cyberplat .comchain cyberplat .com

Agent#

E"PLO0"ENT AN6 LAOR RELAT!ONS

LE/AL 'RA"EOR3

Labor relations between employee and employer are regulated by inivi$al

e(ploy(ent contracts pursuant to La) no.8>=BD ate 99.9.9BBB, and the

La%or CoeDwhich was adopted in 44' and last updated :ecember 6&&. s

6
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


13/23

well, Law no.%%&7, dated .&'.447 UOn Social !ns$rance in the Rep$%lic ofAl%aniaV as amended and other normati#e acts apply.

National Co$ncil of La%or has been established, composed of go#ernment

officials, trade unions and employers associations.

s well, it has been completed a draft proposing a Social 4nerstaning Pact,

which maor goal is to impro#e social dialogue between the go#ernment,

management and employees.

lbania adheres to all basic international labor organi2ation con#entions

protecting employeesG rights. Especially IL/.

T0PES O' E"PLO0"ENT CONTRACTS

6efinition! ccording to rticle 6 of the lbanian Labor Code, the employment

contract is an agreement in between the employer and the employee which regulates theirmutual relations and sets their mutual rights and duties.

Employment contracts can be efinite or inefinite perio of ti(e, but as a

general rule employment contracts are signed for an inefinite perio of ti(e ifthe $ration is not specifie properly in the contract.

labor contract may be concluded ver%ally or in )riting.

The employee can perform o#ertime wor5, but the o#ertime wor5 per wee5 mustnot e"ceed 9 ho$rs, therefore the ma"imum of )or-ing ho$rsper wee5 is >.

Compensation of o#ertime wor5 is ;>Fmore than the salary applicable fornormal wor5ing hours during normal wor5ing daysQ for o#ertime wor5 performed

during public holidays or wee5ends, the compensation salary is >F (ore.

lbanian law also recogni2es!

1 the gro$p e(ploy(ent contract, which is a contract made in between the employer

and a group of employees as a whole, e#en if the first is considered as UseparatelyV

engaged towards e#ery employeeQ1 the partGti(e e(ploy(ent contract, which is the standard part1time contract

internationally used! the employee wor5s a certain amount of hours or days, but in any

case for less than the normal wor5ing schedule of the other employees who wor5 fulltime and under the same terms. The part time employee has the same rights,

proportionally, as the other full1time employeesQ

1 the ho(e )or-ing e(ploy(ent contract is a contract which UimposesV to the

employee to wor5 home, or in another place accepted by the employer, alone or helped

by his*her family. The employee wor5ing home has the same rights as the employee

wor5ing at the enterpriseGs placementQ

7


14/23

1 the co((ercial agent e(ploy(ent contract is a specific contract in which the

commercial agent (employee) has the obligation to negotiate or conclude an agreementoutside of the enterprise, in behalf and as per orders of the employer. It is not considered

as a commercial agent the one who performs this acti#ity independentlyQ

1 the professional training e(ploy(ent contract, is a contract in which the UteacherV

helps the UstudentV to $ualify according to professionsG rules and the UstudentV wor5s for

the UteacherV in order to $ualify.

PROAT!ONAR0 PER!O6

In case of indi#idual employment contracts for inefinite perio of ti(e, the first threemonths of wor5 are considered probationary period.

probationary period may not be imposed in cases where the parties ha#e entered into

an agreement to perform the sa(e )or- previo$sly.

:uring this period any of the parties may terminate the contract upon at least > ays

)ritten notice.

TER"!NAT!ON O' T5E E"PLO0"ENT CONTRACT

fter the probation period, when the employer decides to dismiss an employee, he must

notice the employee in writing at least @; ho$rsbefore in#iting him to a meeting.

This meeting must be held to permit to the employer to discuss with the employee the

reasons of the termination and to gi#e the employee the possibility to e"press his opinion.

3otice of Termination is pro#ided in writing within =8 ho$rs to one )ee-after this

meeting.

3otice to terminate the contract must be pro#ided one month in ad#ance during the first

year of wor5, two months for the second year through the fifth year of wor5 and three

months for more than ' years of wor5.

In case one of the parties terminates the contract without respecting the notice period, the

termination will be considered as a termination with immediate effect.

TER"!NAT!ON 'OR :4ST CA4SE

The employer and the employee may, at any time, terminate the contract immediately for

ust cause. The employer may dismiss an employee for ust cause only when the

employee acted in a grossly negligent manner, especially when he repeatedly #iolates the

8


15/23

discipline and the instructions, in spite of the warning of the employer. There are certain

procedures determined by the lbanian Labor Code.

LAC3 O' :4ST CA4SE

The co$rt decides whether a cause e"isted to terminate the agreement. In case theemployer terminates the employment agreement without ust cause, the employee has the

right to file a lawsuit with the court against the employer )ithin 98 ays fro(the date

the notice period for termination has e"pired. The employer who has terminated theemployment agreement not for a ust cause can be condemned by the court to indemnify

the employee with $p to one year )age an the salary the e(ployee should ha#e

recei#ed during the notice period.

TRA6E 4N!ONS AN6 COLLECT!E CONTRACTS

The right of employees to form trade unions is e"plicitly pro#ided by both the

Labor Code and the 44 Constitution, which, among others, guarantee the rightof stri5e.

The members could be employees, pensioners and unemployed persons.

t least twenty persons are re$uired to form a trade union.

Trade unions can be organi2ed in federations and confederations.

The by1law of trade union should be deposited in Jinistry of Labor, Socialffairs and E$ual Chances

Collecti#e contracts are permitted between one or more employers on one sideand one or more trade unions on the other.

HnionGs collecti#e representation of employees should be formed on the base ofdecision ta5en by the maority of employees.

/nce signed, the collecti#e contract binds all employees regardless of whether

they are or are not members of the trade union. hen an employer transfers a business, the transferee is bound by the contract for

its duration.

hen a dispute arises, both the employer and the employee ha#e the right to go to

a @econciliation /ffice or to Court. The @econciliation /ffice is a special

institution focusing on alternati#e dispute resolution.

E"PLO0"ENT TAH AN6 SOC!AL !NS4RANCE

'


16/23

The 44 Constitution pro#ides e"plicitly that e#ery citi2en has the right to social

insurance during old age, when he*she is unable to wor5 or is obless for reasons

independent of his*her #olition, under the conditions pro#ided by law.

In particular, the Labor Code reaffirms the employerGs general duty to withhold both

indi#idual income ta"es and social and health insurance contributions. ?owe#er, thespecific withholding re$uirements are defined in #arious laws, which establish in detail

the ta"es and contributions of social insurance. The ta"es and contributions must all be

reported and paid on a monthly basis.

ccording to Law no. %%&7*447 On Social Security in the epublic of Albania! and

Law no. %%&*448 On "ealth Security in the epublic of Albania! as amended,

employers and employees are re$uired to ma5e compulsory contributions to the socialand health care security system .

The minimum wage in lbania is LL &&& (Euro7) per month, for %8 normal

wor5ing hours. This is a new le#el of minimum salary, accorded by :ecision of Councilof Jinisters no.44', dated &6.&%.6&&.

@ecently, the =arliament adopted Law 3o. & 67%, dated .&6.6&& On health and

safety in the wor#ing place!, which introduces an obligatory insurance concerning harms

and damages during wor5 hours.

'ORE!/N OR3ERS !N ALAN!A

ccording to Law no.44'4*6&& U/n 0oreignersV, foreign wor5ers and entrepreneurs

who intend to operate in lbania, must hold both a resience per(it an a )or-

per(it, which are issued by the competent authorities. The law pro#ides a fine in caseforeign citi2ens reside or wor5 in the @epublic of lbania without permission.

To obtain the residence permit a number of documents are re$uired, wor5 permit beingthe most important. /ther documents may be obligatory in specific cases.

RHST @E: authori2ation to conduct humanitarian or religious acti#ities the documentation pro#ing the status of refugee

the family status demonstrating the relationship with an lbanian citi2en or the documentation pro#ing the status of foreign student in lbania.

0oreign citi2ens who e"ercise their acti#ity in lbania (entrepreneurs, employers,

employees, consultants and professionals) must hold the abo#ementioned wor5 permit.

The decision of the Council of Jinisters no.;&*44' as well as Law no.846*444

specifies the wor5 permit is issued to foreign citi2ens by local authorities or the Jinistry

of Labor and Social Issues, along with the submission of a number of documents.

;


17/23

RHST @E:

RES!6ENCE PER"!T 'OR OR3 REASONS

ccording to Law no.44'4, residence permit under the moti#ation of wor5 permit is

issued after the submission of the following documents!. written re$uest of the applicant, where the he specifies the reason of coming and the

e"act address of residence in lbaniaQ

6. =assport, with which the applicant regularly entered lbania, as well as thephotocopies of the following documents, duly notari2ed!

a. passport pages which contain important information (page which contains picture and

generalities of the holder)Q

b. passport page which contains the date of limit of #alidity of the passportQc. lbanian #isaQ

d. seal of entrance in lbania.

7. Criminal Certificate issued by the responsible authority of the country of origin of the

applicant (no older than 7 months) or of the country of legal residence of the last ;months. This document must be legali2ed by the

lbanian Consular /ffice which deli#ered the #isa of the applicant, and by the LegalConsular and Treaties :irectory in the Jinistry of 0oreign ffairs. /r, it must ha#e the

seal apostil, for those countries which ha#e signed with lbania a memorandum in this

senseQ8. Letter by the Consular /ffice of the country of origin or the =olice :epartmentQ

'. @ent contractQ

;. 0amily certificate, translated and notari2edQ

%. Two photos 7.' " 8.'Q. 0inancial guaranty*ies, such as! notari2ed photocopies of the legal documents which

permit e"ercising an economic acti#ity (license, 3I=T, registration at 3@C, or5

permit), ban5 guaranties etc.Q4. Certificate by the employer and wor5 contractQ

&. Jedical report.

RHST @E:

S4:ECTS EHE"PTE6 'RO" T5E OR3 PER"!T REI4!RE"ENT

The law pro#ides that certain categories of foreign citi2ens are e"empt from the wor5permit. These are, in particular, the following!

W representati#es of the diplomatic representati#e offices of the international

organi2ations with a diplomatic status, as well as employees of these representati#eofficesQ

W representati#es of non1profit go#ernmental organi2ationsQ

W e"ecuti#e directors and important employees of foreign companies who e"ercise anacti#ity or ha#e the intention to e"ercise an acti#ity in lbaniaQ

W employees and other professionals of a foreign company, who wor5 for the company

branch or affiliate in lbaniaQ

W specialists in the framewor5 of the bilateral and multilateral agreementsQ

%


18/23

W the staff of inter1border human and goods transportationQ

W lecturers, members of scientific staff, uni#ersity professors, members of scientific staff,

of pri#ate scientific organi2ations, if there is a public interest gi#en their particular5nowledgeQ

W representati#es of mass media, correspondents or reporters who are employed by a

foreign employerQ and,W uni#ersity students ta5ing part in a summer e"change based on the respecti#e

agreements.

!NTELLECT4AL PROPERT0

LE/AL 'RA"EOR3

The intellectual property statutory legislation in @epublic of lbania is mainlyrepresented by two legislati#e bac5bones and specifically Law no. 448%, dated 6%.8.6&&

On Industrial Property (Law on Industrial =roperty) and Law no. 47&, dated6.&8.6&&' On Copyright and Related Rights(Law on Copyright).

In addition to that, lbania has adhered in a series of international conventions andtreaties established for the protection of copyright and related rights as well as industrial

property rights which can be reported as enhancing the legal intellectual property

infrastructure capacity in lbania.

Such capacity, to our opinion, has significantly increased by a #ery persistent wor5 of the

public authorities in charge of the protection of the intellectual property rights and

respecti#ely lbanian State Copyright /ffice (SC/) and the lbanian =atent andTrademar5 :irectorate (L=T/).

In 6&&7, the Fo#ernment of lbania passed an anti1piracy Law no. 468, dated64.&%.6&&7, amending the e"isting Law no. 8&, dated 7&.&4.44 X/n =ublic and

=ri#ate @adio Tele#ision, which re$uired tele#ision stations to broadcast only those

programs which were duly licensed for broadcasting purposes. The law was successful in

forbidding the broadcasting of pirated mo#ies and programs, howe#er, it did not co#ersatellite or cable tele#ision programming. In order to fill in the loophole in the legislation

and regulate ade$uately digital broadcasting, in 6.&'. 6&&% =arliament appro#ed the Law

no. 4%86, on U:igital roadcastingV s regards legislati#e de#elopment, lbania ratifiedthe"ague Agreement of $%&' on $% February ('') and ratified $%%% *eneva Act on (+

arch(''' on the international registration of industrial designs.

LA ON COP0R!/5T


19/23

Law on Copyright protects written wor5s including computer programsQ lectures,

addresses, sermons and other orally e"pressed wor5sQ musical wor5s with or without

accompanying te"tQ dramatic or dramatic1musical wor5sQ audio#isual wor5sQchoreographic wor5s and pantomimesQ wor5s of fine arts! drawings, paintings, sculptures,

engra#ings and lithographyQ architectonic wor5sQ photographic wor5sQ wor5s of applied

artQ illustrations, maps, plans, s5etches and three1dimensional wor5s related to geography,topography, architecture and science, as well as to unregistered designs and the te"tile

models are co#ered.

Fenerally, the moral rights of a wor5 are protected fore#er and economic rights

for the authorOs life plus %& years after his*her death.

0or nonymous or =seudonymous or5s, rights are protected for %& years fromthe first day of the first legal publication of the wor5, unless the true author is

identified, and then the general term is applied, being the life of the author plus %&

years.

0or photographic or audio#isual wor5 that is of oint authorship, this is protected

for %& years from the day this wor5 is legally offered to the public or, if ne#erdeli#ered to the public, for %& years from the day of the production of the wor5,

i.e. %& years after its creation.

'REE 4SE

Hse of Copyright that does not re$uire fees and payment as well as the authorGs

authori2ation, in the following areas!a) reproduction for personal useQ

b) reproduction in the form of citationQ

c) use for teaching purposesQd) reproduction within Libraries and rchi#es for ser#ices relates strictly with rele#ant

ser#icesQ

e) reproduction for udicial and administrati#e up the e"tent re$uired to that purpose and$uoting the source of the wor5 and its authorGs nameQ

f) use for the purpose of pro#iding information to the public.

COP0R!/5T O''!CE

The SC/ is currently operational and wor5s closely with local associations of collecti#e

administration such as LHT/@, which protects music copyrights, and the0oundation for the =rotection of udio#isualor5s (0=) which protects the

copyrights of audio#isual wor5s. In 6&&;, the 3ational Council of @adio and Tele#ision

(3C@T) signed a memorandum of understanding with the 3ational Cinematography

Centre (3CC) aimed at fighting piracy and obser#ing international copyright law.

4


20/23

LA ON !N64STR!AL PROPERT0

Hnder the Law on Industrial =roperty are protected in#entions and utility models,

trademar5s and mar5s of ser#ices, industrial designs and appellations of origin.

The in#entions are protected #ia the patents and the utility models issued by the L=T/.

The industrial designs, trademar5s and mar5s of ser#ices and the geographical indications

are protected through the registration with L=T/. The protection granted by L=T/for the industrial designs does not e"empt other rights pro#ided by law and especially

those rights granted as per the Law on Copyright and their related rights.

!N64STR!AL PROPERT0 O''!CE

L=T/ has significantly enhanced its acti#ity to the benefit of the protection of the

industrial property rights which has ust recently culminated with the appro#al by the

lbanian =arliament of a ne) La) on !n$strial Property which has considerablycontributed to the appro"imation of the lbanian industrial property legislation with the

ac-uiscommunautaire.

The L=T/ ha#e been restructured, and registration and administration of patents,

trademar5s and industrial designs has been computeri2ed. This has impro#ed theprocessing of applications and the supply of any rele#ant information.

The abo#e institutional framewor5 is empowered by an institutional structure composed

of the Jinistry of Culture, Tourism, Jinistry of Economy, Trade and Energy, Jinistryof 0inances, Jinistry of Rustice, Feneral :irectorate of Customs, Jinistry of Education

and Science, 3ational Council of @adio and Tele#ision, Courts and =rosecutors office

throughout the country. The competencies granted by law to the abo#e state institutionsare of administrati#e, udicial and legislati#e nature.

RHST @E:

!NTERNAT!ONAL A/REE"ENTS !N T5E 6O"A!N O' !NTELLECT4AL

PROPERT0

lbania is a signatory party, amongst others, of the following international agreements on

Intellectual =roperty @ights!W Con#ention implementing orld Intellectual =roperty /rgani2ation (I=/), member

since Rune 446Q

W =aris Con#ention on =rotection of Industrial =roperty, member since /ctober 44'QW erne Con#ention on Literary and rtistic or5s, member since Jarch 448Q

W =atent Cooperation Treaty, member since /ctober 44'Q

W Jadrid greement on International @egistration of Jar5s, member since /ctober 44'QW @ome Con#ention (=erformers, =roducers of =honograms and roadcasting

/rgani2ations), member since 0ebruary 6&&&Q

W I=/ =erformances and =honograms Treaty (==T), member since 0ebruary 6&&Q

W I=/ Con#ention on Copyright Law, member since :ecember 6&&Q

6&


21/23

W Jadrid =rotocol (International @egistration of Jar5s), member since Ruly 6&&7Q

W udapest Treaty on iodi#ersity, member since September 6&&7Q

W udapest Treaty on International @ecognition of the :eposit of Jicroorganisms forpurposes of =atent procedure, member since September 6&&7Q

W Con#ention on =rotection of phonogram producers against their unauthori2ed

reproduction, since Jarch 6&&&QW 3ice greement concerning the International Classification of Foods and Ser#ices for

the purposes of the @egistration of Jar5s, member since September 6&&7Q

W International Con#ention for =rotection of new Yarieties of =lants, since Jay 6&&'QW ?ague greement (International :eposit of Industrial :esigns), member since Jarch

6&&%Q

W Strasbourg greement (International =atent Classification), member since Ruly 6&&%Q

W European =atent Con#ention, member since /ctober 6&&4QW Treaty on the Law of =atents, member since /ctober 6&&4.

OverallD Al%anian la) protects copyrightsD patentsD trae(ar-sD sta(psD (ar-s of

originD an in$strial esigns. Enforce(ent of property rights in Al%ania re(ainsan evolving iss$e.

REAL ESTATE AN6 PROPERT0 R!/5TS

P4L!C PROPERT0

Law 3o. %87, dated 66.&6.6&& On the *overnments property! ma5es a distinction

between the stateGs property and public property 1 the latter includes the properties owned

by the state which are functional and indi#isible from the state and are considered ofpublic interest.

=ublic properties are transferred or gi#en in use as per the terms and limits established by

special laws. =roperties which are not considered as public, if not subect to special laws,

ha#e the same legal status to that applicable to pri#ate property.

rt. 7 of Law 3o. %4&, dated 6%.&%.44', On land purchase!, pro#ides that no transfer

of property ownership can be made on public land, until the compensation of formerowners is o#er.

?owe#er, there is a #ery important e"ception to this rule! under section 7 * b) of Law 3o.

%4&, the Council of Jinisters may decide to sell a free public land if the planned

in#estments to be made in that same land is #ery important for the interest of country.The sale price is established by :ecision of the Council of Jinisters.

REAL ESTATE RE/!STRAT!ON

The law regulating real estate in lbania is Law no. %87 On egistration of eal

state!.

6


22/23

The central competent authority for registration of real estate is the Central /ffice of @eal

Estate @egistration, on which rely all the se#eral Offices of Real Estate Registration,

administrati#ely allocated all o#er the lbanian territory.

In case the real estate is registered for the first time, the competent /ffice registers it

temporarily for 8' days, gi#ing to all e#entual interested persons the time to submitclaims or re$uests to the relati#e /ffice.

Accoring to the Al%anian Civil CoeD real estate shall not %e s$%&ect to any

transaction if not registere )ith the Real Estate Register.

Important data will compulsorily be registered with the @egister of @eal Estate within 7&

days from the e"ecution, as! position of property (plans) and relati#e bordersQ date ofregistration as well as relati#e deed of ownership ac$uisitionQ identity of the ownerQ

mortgage, lease, right to use the property or other similar right connected to the

property, which is transferred from the owner to a third party.

If no claims are submitted, the property is permanently registered. In case of claims

which donGt result in agreements, the competent court shall rule the dispute, with theobligation for the /ffice to register the dispute in action and the competent court

scrutini2ing.

CO"PENSAT!ON O' 'OR"ER EHPROPR!AT!ONS

In 6&&; the lbanian =arliament amended the Ruly 6&&8 law on property compensation

and restitution. The law aims to resol#e competing land ownership claims resulting fromcommunist1era e"propriation of land. There are no significant legal changes other than

transferring the authority responsible for the implementation of the entire legal process to

a newly established agency.

lso, the amount of land $ualifying for restitution increased from ;& to && hectares.

nother important change was the e"tension of the deadline for filing propertycompensation and restitution re$uests, which was :ecember 7, 6&&.

3o re$uests will be accepted after the deadline. The entire set of restitution compensation

clai(s is expecte to %e resolve )ithin ;9=.The F/ has presented three methods of compensation for e"propriation claims!

) restitution,6) compensation of property with similarly #alued land in a different location

7) cash settlement*financial compensation.

The successful implementation of the restitution process is an important challenge for the

go#ernment and is 5ey to future economic de#elopment.

66


23/23

ACI4!S!T!ON O' LAN6 0 'ORE!/NERS

ccording to Law no. %4&, dated 6%.&%.44' On the Ac-uisition of /and!, for what it

concerns legal persons, foreign in#estors are entitled to lease land in state1owned areas.

/n the other hand, for what it concerns natural personsQ they ha#e no right to buy land in

lbania.

3onetheless, e#en for the legal persons, there are restrictions on the ac$uisition of land.

Thus, foreign persons may ac$uire land in lbania if the in#estment they ma5e in suchland e"ceeds of three times the #alue of the land itself

67

bus203 notes part 8

Documents