The Principle of Will Autonomy in the Obligatory Law

MA. Shyhrete Kastrati

Abstract


The principle of autonomy of will is legislated with the Article 2 of the Law no. 04/L–077 on Obligational Relationships1, thereby providing the legal grounds for the regulation of legal relations between parties in obligational relationship.

This study aims to provide a contribution to the theory and practice, and also aims at providing a modest contribution to the obligational law doctrine in Kosovo. The purpose of the paper is to explore the gaps and weaknesses in practical implementation of the principle, which represents the main pillar of obligational law. In this paper, combined methods were used, including research and descriptive methods, analysis and synthesis, comparative and normative methods.

The exploration method was used throughout the paper, and entails the collection of hard-copy and electronic materials. The descriptive method implies a description of concepts, important thoughts of legal science, and in this case, on the principle of autonomy of will, thereby using literature of various authors. The analytical and synthetic methodology is aimed at achieving the study objectives, the recognition of the principle of autonomy of will, practical implementation thereof, and conclusions.

The comparative method was applied in comparing the implementation of the principle in the Law on Obligational Relationships of Kosovo and the Law on Obligational Relationships of the former Socialist Federal Republic of Kosovo, and the Civil Code of the Republic of Albania. The normative method was necessary, since the topic of the study is about legal norms.


Keywords


law; autonomy; will; contract; freedom; relationships; obligations;

References


Alishani Alajdin: Basic Principles of the Law on Obligational Relationships, (Parimet Themelore të Ligjit për Marrëdhënie Detyrimore) “Kosova”, Prizren, 2000.

Dauti Nerxhivane: Obligational Law (General and Special Parts) (E Drejta e Detyrimeve (pjesa e përgjithshme dhe e vecantë)), University of Prishtina, Prishtina, 2008.

Dauti Nerxhivane: Obligational Law – Practicum (E Drejta Kontraktuese, Praktikum), University AAB, Prishtina, 2007.

Dauti Nerxhivane: Obligational Law – Practicum (E Drejta Kontraktuese, Praktikum), Prishtina 2011.

Dauti Nerxhivane, Berisha Ruzhdi, Vokshi Adem, Aliu Abdulla: Commentary to the Law on Obligational Relationships, Book I (Komentar, Ligji për Marrëdhëniet e Detyrimeve, Libri I), Prishtina, 2013.

Tutulani – Semini Mariana: Obligational and Contract Law, General Part (E Drejta e Detyrimeve dhe e Kontratave, Pjesa e Përgjithshme), Real Stamp, Tirana, 2006.

Civil Code of the Republic of Albania, Tirana, May 2012.

Law no. 04/L–077, on Obligational Relationships of the Republic of Kosovo, Prishtina, 10 May 2012.

Law on Obligational Relationships, Socialist Federal Republic of Yugoslavia, Belgrade, no. /30 March 1978


Full Text: PDF

DOI: 10.21113/iir.v5i1.18

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Copyright (c) 2016 MA. Shyhrete Kastrati

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