A marriage terminates with the death of one of the spouses; with a declaration that one spouse is presumed dead, or upon the dissolution of their marriage. Forms of marriage dissolution include uncontested divorce; Dissolution of marriage based on a period of separation and Dissolution of marriage based on the request of one spouse. The court that decides on the dissolution of the marriage also is competent in approval of care and education of any minor children, financial support for their care and education, provision for alimony if needed and if possible the division of their assets. Albanian courts are competent for: a) disputes on the dissolution of marriage by divorce, on the invalidity and annulment of marriage; b) awarding and removing the custody of minors, issuing temporary orders for the upbringing and education of children until the dissolution of the marriage and the alteration of previous judicial decisions in light of new facts; c) the approval of adoption; ç) disputes relating to awarding maintenance; d) the division of marital property and of marital quarters; dh) claims on the suspension and restoration of parental rights.

The jurisdiction of Albanian courts is general; exclusive and upon agreement. Albanian court has general jurisdiction on divorce cases, in case the respondent has its domicile in Albania. Spouses can assign the jurisdiction or the applicable law in solving the matter upon an agreement. Albanian court has exclusive jurisdiction over property rights matters; rights in rem and execution of titles according to the principle of lex rei sitae. It has jurisdiction on matters related to marriage when one of the spouses has the Albanian citizenship by the time of entering into marriage; or the respondent spouse has its domicile in Albania by the time of submission of a lawsuit. Same is applicable related to dissolution of marriage; marriage confirmation or annulment and marriage property regime and its legal effects. The citizenship applies as a connectivity criterion for courts’ jurisdiction in matters related to the interpersonal relations among spouses, parenting, children, paternity and maternity. The domicile applies as a connectivity criterion for courts’ jurisdiction also in matters related to rights and obligations deriving from marriage recognition of paternity and maternity and child alimony. The same is applicable on custody issues.

Albanian international private law, provides norms of conflict for the legal aspects of a marriage; such as: material conditions (article 21) and formal conditions of a marriage (article 22) entering into a marriage, personal relations (article 23) property regime (article 24) and marriage dissolution (article 25). The conditions for the marriage licensing are regulated based on the law of the state, which citizenship has each of the future spouses in the time of the licensing.

The Albanian legislation lack the conflict norms related to the cohabitation more uxorio and the ones on the marriage invalidity. The connectivity criteria of the usual common domicile are referred to as subsidiary criteria against the nationality criteria, in cases where the spouses do not have a common nationality on the time when they enter in a marriage. The doctrine has established a distinction in between of the applicable law on marriage as a legal action matrimonium in fieri the applicable law on marriage as a legal relation matrimonium in facto esse.

In an uncontested divorce spouses agree on the dissolution of marriage and submit in court for approval, also a stipulations on the terms for the dissolution of the marriage. The divorce is granted after determining that each party freely desires to dissolve the marriage and has given their consent. Court may refuse to approve settlement if not properly stipulation addresses the needs of the children or one of the spouses.

Dissolution of marriage based on a period of separation is granted to each of a spouse’s request when they have lived separately for a period of 3 years. The court can refuse to grant dissolution of the marriage, based on separation, if the other spouse proves that the dissolution of marriage will have especially grave moral and material consequences for the children or the other spouse.

Dissolution of marriage based on the request of one spouse include causes of continuous quarrels, maltreatment, severe insults, adultery, incurable mental illness, lengthy penal punishment of the spouse or due to any other cause constituting repeated violations of marital obligations, or when a joint life becomes impossible and the marriage has lost its purpose for one or for both of the spouses. The court may assign fault, in the dissolution of the marriage, only when requested to by one or both spouses.

The serving the application and the summons to the court are made by notification of a writ, which should contain information on the court which has issued it, the name and family name of the summoned person, time and venue of the court session, the dispute for which the person is being summoned, the time of notification of the act, as well as the legal consequences if the summoned person fails to appear in court. Summons may be by means of electronic communication, when deeming it useful and when the party or the third party has given its prior consent. When a person is under detention, or serving a sentence of imprisonment, the court shall serve the notification to the place of execution of the measure or sentence, ordering the relevant authorities to accompany the person to the court, when they want to take part personally in the trial. The written notification is done by the court employee or the postal service. When it is not possible to make the notification in person or by postal service in the domicile or residence of the respondent, it is done in the office or the place where he exercises handicraft, industrial or commercial activity. If the summoned person is not found in any of these places, the notification is delivered to a person of the family who has attained sixteen years of age and, when no one of them is present, the notification should be handed over to neighbours who accept to deliver it by hand to the summoned person to his office or place of work.  The notification shall be served by public announcement, if: a) the notification has not been possible to be affected in person or postal service or b) The person, the notification is addressed to, has no residence, domicile, has not chosen any residence or has not nominated any representative in the Republic of Albania and the notification of that person has not been able by one of the ways provided by the law. The notification by public announcement shall denominate: a) Litigants; b) Identity of the party being notified by announcement and the address of residence or domicile. c) Date and time of hearing, the court adjudicating the dispute, the subject matter of the dispute and the data surrounding the act subject to notification; ç) The official or office where the party can take the act subject to notification, as well as the consequence ensuing due to the omission of the party, the notification is addressed to. This notification shall stay posted for not less than 20 days. The announcement of acts of a foreign state is done through the Ministry of Justice, which passes them on to the district court of the place where the announcement should be made. When there is a reciprocal agreement providing legal aid the dispatching for notification and the notification is made directly between the competent governmental bodies of two states or in any other manner stipulated in the agreement.

The foreign citizens or persons without a citizenship that want to enter into a marriage into the territory of Albania should comply cumulatively with the material conditions of their nationality and the material conditions of the Albanian law (Family Code).  The verification of the compliance of the conditions for entering into a marriage is performed in 2 different time momentum: ex ante, in the phase of entering into a marriage; ex post, after the marriage has happened de facto and its validity is at issue. Fundamental conditions of the marriage are classified into material conditions and formal ones. The material conditions represent the essential components for entering into a marriage. The material conditions are classified in positive conditions which include the age of the future spouses (more than 18); the consent; their gender and negative ones (the legal obstacles) which include: the lack of a previous first marriage in place;. the prohibited marriages (family -in-law; blood relation; custody; adoption or polygamy). Albanian legislator is based in the compliance of the principle favor matrimonii. If an obstacle arises in the foreign applicable law which prohibits parties to enter into a marriage and which are conditions that are not provided as negative ones in the Albanian law; then the latter shall be applied when one of the future spouses is of an Albanian nationality. The substitution of the lex nacionalis with lex fori is conditioned with the enjoyment of an Albanian nationality of the usual domicile. The Ratio of this norm is the prevention of marriages of foreign individuals that do not have a contact legal point in terms of connectivity criteria with the Albanian state but whose objective might be the deceit of their national applicable law.

A marriage licensed in a foreign country can be recognized as such in Albania if it complies with the material conditions (not formal ones) of the Albanian law.

The actual legislation does not permit same sex marriages. Based on the principle of lex loci celebrationis which guarantees that a marriage which is valid in a country be valid in every country (the state of the spouse’s nationality or the state of domicile) a party can request the recognition of the marriage. The said principle is implemented with some limitations which consist of the protection of public policy (order) and prevention of law deceit.

In the formal aspect, the marriage which is valid in a foreign country where it is licensed shall be recognized as valid in Albania as well.  The Albanian state authorities competent on the recognition of any marriage entered into a foreign country shall be the ones that review a specific legal issue related or derivative to the matrimonial relation (as i.e. the civil registry officer that reviews a request for registration a marriage that is valid in another country; the court if it is reviewing a claim on the validity of the marriage as a preliminary issue related to another fundamental claim). In such cases all the administrative or judicial organs shall only verify if the form of the marriage license or recognition is in full compliance with the Albanian public order and therefore, be valid in Albania as well.

In Albania, the family law system provides for various substantive financial orders that courts can make regarding capital, property, and maintenance in cases such as divorce or legal separation. These orders aim to fairly distribute financial resources between parties, considering both the welfare of any children and the financial circumstances of each spouse. Here’s an overview of the key orders and how claims are determined:

Albania follows the principle of joint property for married couples on Property Division Orders, meaning that assets acquired during the marriage are considered shared property. However, separate property—assets owned before marriage or acquired through inheritance or gifts—remains the individual property of each spouse. When a couple divorces, the court may issue the following property-related orders:

Division of Matrimonial Property: The court decides on the division of jointly-owned assets acquired during the marriage. The division is typically based on equality, but the court may consider factors such as: The contributions of each spouse (both financial and non-financial); The needs of the parties (such as housing and the care of children); The length of the marriage and economic circumstances.

Transfer of Ownership: In some cases, the court may order the transfer of property from one spouse to the other, particularly if it is in the best interest of the children or the financially weaker spouse.

Albanian courts can also issue maintenance orders (alimony), which involve periodic financial support provided by one spouse to the other post-divorce. Factors that influence the determination of maintenance include: The financial needs and resources of each spouse; The ability of the spouse ordered to pay maintenance to make those payments; The standard of living enjoyed during the marriage; The age and health of the parties; Contributions made by each spouse to the welfare of the family, including childcare and homemaking; maintenance is typically awarded for a limited period, but in some cases, lifelong maintenance may be considered if a spouse is unable to become financially independent due to age, health, or other reasons.

The Albanian material law is based in the principle of the legal and moral equity of partners (Articles 1 and 50 of the Family Code). In a marriage, the husband and the wife benefit the same rights and have same obligations. This is the fundamental principle in which the Albanian marriage is founded and as a consequence regardless of the foreign applicable law in a specific case, this principle shall serve as prevailing ordering norm.

Courts in Albania determine financial claims based on a combination of statutory law (specifically, the Family Code of Albania), case law, and considerations of fairness and equity. Key factors include: The duration of the marriage; The age, health, and earning capacity of both spouses; The financial and non-financial contributions of each spouse; The welfare of any children involved.

Courts also aim to protect the economic weaker party, ensuring that they are not left in a financially vulnerable position after the marriage ends. Additionally, claims are often subject to prenups or postnups, if the couple had signed one.

On the request of the interested party the court may take such temporary measures on the sustenance and education of minor children, for the sustenance of the spouse, when the law sets forth such right, for the securing of the place of abode as well as of the wealth gathered during the marriage. The decision on the taking of a temporary measure has effect until the final decision is given, but it may be changed or repealed by the court when it estimates that the circumstances have changed or when the decision is taken on inaccurate and incomplete data.

On the request of the plaintiff, the court allows within 5 days the taking of measures to secure the lawsuit, when there are reasons to doubt that the execution of the decision for the rights of the plaintiff shall become impossible or difficult. The securing of the lawsuit is allowed when: a) the lawsuit is based on evidence in writing; b) the plaintiff gives guarantees to the degree and kind determined by the court for the damage that may be caused to the defendant by securing the lawsuit.

Types of measures for securing lawsuit include: a) by sequestering the movable and immovable things as well as the credits of the debtor; b) by other appropriate measures taken by the court. The court may permit the securing of the lawsuit by some of the different types of the security measures, but always for a general amount not greater than that of the lawsuit.

Spouses are liable for debts incurred prior to the marriage, which may be paid from the marital estate but only up to the limit of their share of the value of the estate, as stipulated by the marriage contract. Any clause in the contract that obligates a spouse beyond their share of the marital estate or limits their liability to less than their share is void. Spouses, in a matrimonial contract, can agree to an unequal division of the assets in the marital estate. If the spouses, in the marriage contract, have specified unequal shares, they or their heirs are liable only to the extent of their joint assets or the wealth gained from the joint assets. Spouses can agree in their marriage contract to hold property jointly, both movable and real property existing at the time of the marriage and that may be acquired in the future, with the exception of personal assets. Joint property is subject to all obligations of the spouses that existed at the creation of the contract and that arise during the marriage. Each spouse is personally liable for their own obligations, incurred before or during the marriage. If one of the spouses administers the wealth of the other spouse, with the knowledge of and without the objection of that spouse, they are considered to have consented to all actions related to administration, but not to those related to disposal. In this case, the representative spouse is responsible to the other spouse only for the profits that remain and is not responsible for the ones that have been consumed. If one of the spouses, despite the objection of the other, administers the wealth of the latter or performs actions related to this wealth, s/he is responsible for any damages and for loss of earnings.

Upon the termination of marriage due to the death of one of the spouses, the division of wealth between spouses with a separate property regime is based on the laws of inheritance for the division of property among heirs, as it regulates the form, the preservation of inseparable commodities as undivided, the system of preferences, auction of indivisible commodities, the effects of division, and guarantees and differences. The same rules are also applied after the dissolution of a marriage, except for the system of preferences. A decision may be reached allowing any resulting difference to be paid in cash. If the marriage terminates or is declared void and the wealth of one of the spouses has increased during the marriage, the other spouse who has contributed in some way to this increase, has the right to demand restitution for their added contribution. The right passes to the heirs of the deceased spouse, only if provided for in the contract or as a result of a court proceeding that has already been initiated. The time limit for pursuing this right is 2 years from the termination or from the date the marriage was declared void.

The decisions of courts of foreign countries are recognised and applied in the Republic of Albania when material conditions are met: a) the dispute can be within the competence of the court which has issued the decision; b) the statement of claim and the writ of summons to court has been notified duly and in time to the absent defendant in order to give him the possibility to respondent; c) between the same parties, on the same subject and on the same cause it has not been issued another, different decision by the Albanian court; ç) there is not an irrevocable decision by Albanian courts on same matter; d) the decision of the court of the foreign state has become final in compliance of its legislation; dh) it fully complies with the basic principles of the Albanian legislation. Formal conditions for the recognition include: the request for the recognition of a foreign judicial decision which be accompanied by a copy of the judgment to be enforced, a certificate from the court that issued the judgment certifying that it has become final, the power of attorney in case the request Is submitted by the representative of the interested party translated into Albanian and notarized. The material conditions include: the authenticity of the decision for which the recognition is required for the purpose of creating the belief that the decision has become final and has the effects of res judicata in the state of origin, and that the legitimacy of the litigant claiming the recognition should be taken into consideration. The refusal of recognition and enforcement of a foreign judgment is based on the principles of public order and due process of law.

Albania is party to bilateral and multilateral conventions on recognition and enforcement of foreign judicial decisions. Some of them include: the Hague Conference on Private International Law dated 4 June 2002; Convention of 1 June 1970 on the Recognition of Divorces and Legal Separations; the Hague Convention of 19 October 1996 on Private International Law on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation on parental responsibility and measures for the protection of children; the Hague Convention of 1971 on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters. Bilateral agreements in force include: Agreement with Greece “On legal assistance in civil and criminal matters” (1993); Agreement with the Russian Federation “On legal assistance in the civil, criminal and family domain” (1996); Agreement with North Macedonia “On legal assistance in civil and criminal matters” (1998); Agreement with Turkey “On mutual legal assistance in civil, criminal and commercial matters” (1995); Agreement with Romania “On mutual legal assistance in civil, criminal and family matters” (1961); Agreement with Hungary “On mutual legal assistance in civil, criminal and family matters” (1960); Agreement with Bulgaria “On legal assistance in civil matters” (2005). These bilateral agreements regulate cross-border cooperation in civil, commercial, and criminal matters, as well as the recognition and enforcement of court decisions in the respective countries.

The enforcement of foreign judgments is subject to the general enforcement rules foreseen in the Civil Procedure Code. The enforcement title is enforced upon the request of the creditor. It may be done voluntary or in an obligatory enforcement. The request of the creditor must be accompanied by the enforcement title (original and duly notarised), the enforcement fee and the power of attorney of the person representing the creditor. The order is to be enforced within 15 days from the submission of the request by the creditor.

The marital property regime of spouses is stipulated by the law, in the absence of a specific agreement by the spouses designating their own regime, which must not be contrary to the provisions of this Code and any respective legislation.  A matrimonial contract prenup is concluded through a notary act, in the presence of and with the simultaneous approval of the future spouses or their representatives. When the contract is signed, the public notary issues a notary certificate to the parties, confirming the identity of the parties, their future marital address, and the date of the endorsement of the contract. The spouses can agree, in the interest of the family, to alter partially or totally the marital property regime only after 2 years have passed from its implementation. The changes, in this case, must be done in the same form that is required for the initial matrimonial contract.

The community property regime is applicable when the spouses have not signed a contract designating another property regime. The marital estate consists of: a) the wealth obtained by the spouses, together or separately, during the marriage; b) income from specific activities of each spouse during the marriage, which were not consumed, before the termination of joint ownership; c) profits from the properties of each spouse, which have been acquired and not consumed before the termination of joint ownership; ç) trade activity created during matrimony. If the trade activity belonged to only one of the spouses prior to the marriage, but during the marriage is managed by both spouses, the community property portion of the estate includes only the revenues and added value. Assets obtained during the marriage and contributed to a commercial activity, as well as the additions thereto, of one of the spouses are subject to joint ownership only if they still exist as such at the dissolution of the marriage. The wealth of the spouses is presumed as joint, unless one spouse proves its personal character. Personal assets that are not considered part of the marital estate are: a) assets, which prior to the marriage were jointly owned by one spouse and another person(s) or over which s/he was entitled to a real usage right; b) assets acquired during marriage through gift, inheritance or legacy, unless in the instrument evidencing the gift or in the testament it is stated that the assets were given to both spouses; c) assets strictly for the personal use of each spouse and assets gained as accessories from personal wealth; ç) work equipment necessary for the performance of the profession of one of the spouses, except for those that have been specified for the administration of a trade activity; d) assets gained from an award of personal damages, except for pension funds obtained as the result of a partial or full loss of work capacity; dh) assets gained from the disposal of the above-mentioned personal wealth; e) the exchange of assets, when this is expressly declared in a contract of sale.

A division of wealth in the marital estate shall be made based on the equality of its assets and liabilities. After deducting from the estate the obligations of the spouses and third parties, the remainder is divided in equal shares among spouses.

Spouses, through a marriage contract, can change the legal property regime by agreement, which can not be contrary to Albanian legislation hereto above explained. Spouses can agree to: a) include movable property acquired prior to marriage and income from personal wealth during marriage in the marital estate; b) change the rules regarding administration; c) have unequal shares; ç) have joint property. When spouses agree on creating community property, the marital estate includes property in the joint legal community regime, movable property acquired prior to marriage and income generated during the marriage from personal assets.

Spouses can agree to a joint administration of the marital estate. In this case, the acts of administering and disposing of assets require the joint signature and consent of the spouses and require their joint obligation. When spouses have specified in their marriage contract a separate property regime, each of them reserves the right to freely administer, use and dispose of his/her property. Spouses are liable for obligations arising from the marriage, based on the provisions of the marriage contract. Movable property possessed by one of the spouses or by both spouses is presumed, in relation to their creditors, as the property of the liable spouse. This presumption does not exist when the parties are living separate and apart from one another. Movable property possessed by both spouses is presumed, in relation to each other, as jointly owned in equal shares. Movable property, previously designated as the personal property of one of the spouses, is presumed to be the property of that spouse.

Dissolution of a marriage does not affect the rights and obligations that parents have towards their children, except as otherwise specifically noted in law. Before a temporary or permanent custody, rights of visitation, and assignment of parental responsibilities to one of the ex-spouses, a recommendation of a psychologist or a social worker, issues an opinion based on the material and moral situation of the family, their living conditions and the most appropriate place for the child to live. Custody and child maintenance takes into consideration: a) the agreement reached between ex-spouses; b) the opinion and feelings expressed by the minor child, taking into consideration his/her age and maturity; c) the opinion of the psychologist or social services sector of the municipality, after they have interviewed the child. The non-custodial parent maintains the right to supervise the care and education of the child and consequently be informed and consulted for important choices related to the life of the child. S/he should contribute to the care and education of the child in accordance with his/her resources and those of the other parent.

A divorce decree may provide for child support and alimony pursuant to provisions on Persons Liable for Support. The parties to a divorce are obliged to provide each other with accurate data regarding their assets and income, when such information is necessary for the determination of support. Upon the request of one of the parties, any employer, respective financial organizations, tax office or other organizations where such evidence can be acquired, are required to provide all necessary information regarding the financial situation and/ or income of the other party.

In cases involving children, the court can order child maintenance to ensure the financial support of any children from the marriage. The amount of child maintenance is calculated based on: The financial needs of the child (education, healthcare, living expenses); The income and financial capabilities of both parents; The child’s standard of living prior to the divorce; Both parents are generally expected to contribute to the child’s maintenance in proportion to their financial means.

In cases involving substantial assets, such as real estate, investments, or businesses, courts may order capital settlements to ensure a fair distribution of wealth. Capital settlements might include: A lump sum payment from one spouse to the other; A transfer of a portion of business or investment interests; Orders relating to the sale of family assets, such as the family home, and the division of proceeds.

The law sanctions that the minor cannot abandon the residence or the institution where they are placed, without the permission of the guardian. When the minor leaves without permission, the guardian has the right to search for the minor and, if necessary, to petition the court for their return. During such proceedings the court must hear from a minor who has reached 10 years of age, in the presence of a psychologist. A special guardian may be appointed by the court upon the request of the parent, the guardian, the minor’s relatives, a minor who has reached 14 years of age and any interested persons.

Definition of cohabitation provides a factual union between a man and a woman living as a couple, with a common life that is stable and continuous in nature. The cohabitating individuals can sign an agreement in the presence of a public notary, whereby they determine the consequences resulting from cohabitation in relation to children and assets acquired during the cohabitation.

Albanian courts can also issue maintenance orders (alimony), which involve periodic financial support provided by one spouse to the other post-divorce. Factors that influence the determination of maintenance include: The financial needs and resources of each spouse; The ability of the spouse ordered to pay maintenance to make those payments; The standard of living enjoyed during the marriage; The age and health of the parties; Contributions made by each spouse to the welfare of the family, including childcare and homemaking; maintenance is typically awarded for a limited period, but in some cases, lifelong maintenance may be considered if a spouse is unable to become financially independent due to age, health, or other reasons.

In cases involving children, the court can order child maintenance to ensure the financial support of any children from the marriage. The amount of child maintenance is calculated based on: The financial needs of the child (education, healthcare, living expenses); The income and financial capabilities of both parents; The child’s standard of living prior to the divorce; Both parents are generally expected to contribute to the child’s maintenance in proportion to their financial means.

A child born outside of wedlock assumes the surname of the parent who first identifies their maternity or paternity. If maternity and paternity are identified at the same time, the parents shall agree on the surname of the child. If an agreement cannot be reached, the child takes the surname of the father. Once the maternity or paternity of a child has been recognized, a different recognition cannot be made unless the prior recognition is opposed through a judicial process. The recognition can be opposed by all persons that have a legal interest and who have knowledge that the recognition performed was false. An opposition can also be filed by the person who performed the recognition, when it was completed due to deception or threat. The prosecutor also has the right to oppose the recognition, in cases where the information in the records of the civil registration office appears misleading as to the declared maternity and paternity. A court decision determining the maternity or paternity of a child is considered to have been in effect from the date of birth of the child.

A minor may be placed under guardianship and in the special care of the state when his/her parents are unable to exercise their parental rights, because of the death of both parents or because they are unknown, have been proclaimed as not found, have had their parental rights terminated or have lost their capacity to act, as well as for any other reason accepted by the court. The competent court to establish guardianship of the minor is the court located in the district where the child resides. Right to petition for guardianship is granted to: a) relatives of the minor; b) anyone with knowledge of a minor without parents or for the birth of a child with unknown parents; c) a minor over the age of 14 years; ç) the prosecutor; d) a notary who, administering a last will and testament, takes notice of the appointment of a guardian. The court shall appoint as a guardian the person designated by the parent with current parental responsibility for the child, by a will, or by a notary declaration. A foster family is an alternative family, assigned by the court in order to provide children with a family environment, conditions for good up-bringing, physical care and emotional support. The identification of foster families is the responsibility of the social assistance and services department at the municipality or commune where the minor resides. A family may establish itself as a foster family by signing a declaration of availability.

Before a judge appoints a guardian, they must hear from the selected person and take into account the opinion of the minor, if they are at least 10 years of age. The court, in any case, should take into consideration the opinion of the social assistance and services department at the municipality or commune where the court proceedings occur, the results of an examination of the personality development of the child in the family, education and social context and the examination of the conditions and compatibility of the child with the proposed guardian, foster family or care institute. The appointment of a guardian should take into consideration the qualities of the guardian, foster family or care institution, pursuant to the third paragraph of this article, and after hearing the opinion of a psychologist, who must be present during the proceedings.

The court should assign a special guardian when: a) there is a conflict of interest between the minor and the parents or between the minor and their guardian when they are involved in legal transactions between themselves; b) there is a conflict of interest between the minor brothers and sisters who have the same guardian or when they are involved in legal transaction between themselves; c) because of disease or because of other reasons, the appointed guardian is impeded from executing a specific action or to give consent for the execution of an action.

The legislation provides for Urgent measures. Before the custody is assigned, the court may on its own or upon the request of the prosecutor, a relative or any interested person, assign a temporary guardian or take other urgent measures, necessary for the protection of the minor or for the protection and management of their property. The guardian, within 10 days after having received legal notification of their appointment, must inventory the minor’s properties. This inventory must be completed within 30 days. Upon the request of the guardian, a judge may extend the deadline if circumstances require it. The inventory is completed in the presence of a notary, with the participation of the guardian and, if possible, of the minor who has reached 10 years of age, as well as in presence of two witnesses chosen by the court, who may be relatives or family friends. The judge can allow the inventory to be completed without the presence of the notary if the anticipated value of the property does not exceed the amount of 500 euro.

If the minor has properties that are enterprises, companies, trade or agricultural companies, the inventory process should be followed with respect to the law for the inventory of an enterprise or company and should be filed with the court and added to the inventory.

Albania has ratified by law from 2005 the Convention on Contact concerning Children. Altogether with the Law no. 18/2017, “on the children’s rights and protection” form 2 most important legal instruments on the rights and protection of the children especially in cross border families. In the last 30 years of the court practice, the legal meaning on children relations has been vague and not clearly described or provided in court judgements.

The convention is a particularly important act for ensuring the sustainability of interpersonal relationships of children, not only with their parents, but also with other individuals with whom the child has another family connection, such as grandparents. In fact, the Convention allows member states to create opportunities for other subject persons to have the right to request contacts with minors. For example, uncles and aunts may be other subjects to whom domestic legislation may grant the right to seek to maintain interpersonal relationships with minors, but it is always at the discretion of the member states as to which family members will be included in the circle of those authorized to seek legal protection of such a relationship.

The relocation of a child is done in accordance with the Hague’s convention on civil aspects of international child abduction ratified by Albania from 2005. However the process of relocation follows general civil procedures rules which usually last up to one year or more.

The recognition and enforcement of foreign decisions in Albania is done only when material conditions cumulatively are met: a) the dispute can be within the competence of the court which has issued the decision; b) the statement of claim and the writ of summons to court has been notified duly and in time to the absent defendant in order to give him the possibility to respondent; c) between the same parties, on the same subject and on the same cause it has not been issued another, different decision by the Albanian court; ç) there is not an irrevocable decision by Albanian courts on same matter; d) the decision of the court of the foreign state has become final in compliance of its legislation; dh) it fully complies with the basic principles of the Albanian legislation.

In Albania, surrogacy is not explicitly regulated by law, and there are no clear legal provisions that directly address surrogacy arrangements. The Law “on Reproductive Health in the Republic of Albania” 2002, provides the use of artificial reproduction techniques or assisted reproduction. The law regulates assisted reproduction techniques and different forms of this reproduction, including homologous assisted reproduction techniques and heterologous artificial reproduction with donor participation.

This legal uncertainty creates a situation where surrogacy is neither expressly permitted nor prohibited, and any such arrangements operate in a legal grey area. Law does not provide specific provisions about surrogacy, whether it is traditional (where the surrogate’s egg is used) or gestational (where the surrogate carries an embryo created using the intended parents’ or donor’s gametes). Assisted Reproductive Technology (ART): is permitted, such as in vitro fertilization (IVF). However, surrogacy arrangements, which are often linked to ART, are not clearly addressed within the legal framework governing these technologies. In the absence of specific laws regulating surrogacy, issues of parental rights and the legal status of the child in surrogacy arrangements are complicated.

Considering that surrogacy is not legally regulated, Paid Surrogacy is also unclear whether it may be performed as an altruistic surrogacy (where no financial compensation is provided beyond covering reasonable expenses) or commercial surrogacy (where the surrogate is paid beyond expenses).

In Albania, several forms of non-court dispute resolution (also known as alternative dispute resolution or ADR) are available to help individuals and entities resolve conflicts outside the traditional court system. These methods include mediation (i), arbitration (ii), and negotiation (iii), among others. The use of ADR is increasingly encouraged, as it often leads to faster, less costly, and more amicable resolutions compared to litigation.

Mediation is a key form of ADR in Albania and is governed by the Law on Mediation in Dispute Resolution (Law no.10385, dated 24.2.2011). Mediation involves a neutral third party (the mediator) who facilitates negotiations between the disputing parties to help them reach a mutually acceptable agreement. Key aspects include: Voluntary Process:, though in certain cases (e.g., family disputes), courts may encourage or require parties to attempt mediation before proceeding with litigation; Confidentiality; and the mediator’s Role that does not impose a solution but assists the parties in communicating and negotiating. The final agreement is reached by the parties themselves.

Types of Disputes: Mediation can be used in various civil and commercial disputes, including family law cases (such as divorce, custody, and property division), labor disputes, and contractual conflicts. Mediation is especially promoted in family law cases, as the Family Code encourages parents to resolve disputes regarding custody and child support through mediation before involving the courts.

Arbitration is another form of ADR available in Albania, governed by the Albanian Code of Civil Procedure and specific laws regulating arbitration. In arbitration, the disputing parties agree to submit their case to one or more arbitrators, whose decision is binding and enforceable, similar to a court judgment. The key features of arbitration in Albania include: Binding Nature: The arbitrator’s decision (known as an arbitral award) is binding on the parties and can be enforced by the court; Arbitration Agreement: Parties must have an agreement to arbitrate either before a dispute arises (through an arbitration clause in a contract) or after the dispute has arisen; Choice of Arbitrator: The parties have the freedom to select their arbitrators, who can be experts in the relevant field; Speed and Flexibility: Arbitration can be quicker and more flexible than traditional litigation, with more control over procedural rules. Albania is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, meaning that foreign arbitral awards are recognized and enforceable in Albania, and Albanian arbitral awards are recognized internationally.

Negotiation is the most informal form of dispute resolution. It involves direct discussions between the parties (or their representatives) to reach a mutually acceptable solution without the involvement of third parties such as mediators or arbitrators. Key aspects include: Informal Process: There are no formal rules or procedures in negotiation, allowing the parties to discuss the issue and come to an agreement directly; Flexibility: The parties have complete control over the process, timeline, and outcome; Common in Commercial Disputes: Negotiation is often used in business and commercial disputes, where maintaining relationships between the parties may be important. While negotiation is often the first step in resolving disputes, if it fails, parties may then turn to mediation, arbitration, or litigation.

Conciliation is a less formal process compared to arbitration, but more structured than mediation. A conciliator assists the parties in identifying the issues in dispute and offers non-binding recommendations on how the dispute could be resolved. Conciliation in Albania is less common than mediation or arbitration but is available in certain civil or commercial matters.

In some instances, collaborative law is used as an emerging form of ADR, particularly in family disputes. Each party hires a lawyer trained in collaborative law, and all parties commit to resolving the dispute without going to court. This process emphasizes cooperation and open communication, though it is not yet widely used in Albania.

Areas Where ADR Is Commonly Used in Albania include Family Law Disputes: Particularly in divorce, child custody, and property division.